HomeMy WebLinkAbout1979-07-11; Planning Commission; ; CUP 124A1 - MONTESORRI SCHOOLI.
STAFF REPORT
DATE :
TO :
FROM :
SUBJECT:
July 11, 1979
Planning Commission
Planning Department
BACKGROUND
Location and DescriDtion of ProDertv
The subject property consists of a single .32 acre lot,
located on the north side of Pine Avenue between Madison
Street and Jefferson Street. The site is flat in an urbanized
area predominately comprised of multiple family residences.
Past His tory
On September 22, 1976, the Planning Commission approved
Resolution No. 1273 granting a Conditional Use Permit to
allow the operation of a private academic Montessori pre-
school at the Pine Avenue site. The Commission found that
the requested use was desirable for the development of
Carlsbad because it expanded the education opportunities and choices of the community.
The original Conditional Use Permit was amended by the
Planning Commission on March 28, 1979. Resolution No. 1496
provided for a building expansion of 3,088 square feet and
an increase in student load from 34 to 124 to accommodate
the addition of an elementary school program.
Mr. Crisman, the applicant, approached the Planning Commission
on June 27, 1979, to request a hearing to amend his CUP to
reduce his required interior side yard from 10 feet to 5
feet. The applicant contends an error on the part of the
draftsman has created a situation which mandates the reduction
of the side yard. Mr. Crisman states that during the construction of the foundation forms it was discovered
that the new building, at approved dimensions, would encroach five feet into the side yard.
Major Planning Considerations
Would the reduced side yard result in a detrimental effect to surrounding residential uses?
DISCUSSION
The Zoning Ordinance pertaining to conditional use permits
makes the following allowances for reduced yards:
The provisions for required front and side yards applicable to the particular zone in which any such use is proposed to be located shall prevail, unless in the findings and conditions recited in
the resolution dealing with each such matter,
specific exemptions are made with respect thereto.
Based on examination of the site, it would appear that the
existing building was incorrectly dimensioned on the original
plans submitted with the application for CUP-124A. The
building, in actuality, is five feet greater than indicated
on the site plan, bringing the expansion within 5 feet of
the private patios of the adjoining apartment building.
Staff addressed the issue of invasion of privacy based on its concern of the close proximity of the school to the neighboring apartments. A survey of the area revealed a great deal of inconsistency in the size of side yards provided. Some yards were quite substantial while others in the neighborhood were considerably less than the established
5 foot minimum. Instances were discovered of residential
uses with reduced side yards adjoining multiple family dwellings.
The applicant has revised the building plans to relocate the stairway, which was to be in the side yard, to the southern face of the new building. Staff felt that due to this alteration and the lack of a unique situation in the reduction of the. side yard, that no undue invasion of privacy would
exist e
The Fire Department has reviewed the proposed reduction of the side yard and found no objection to the project with
regard to access and safety. The department requested that all openings be protected and that the wall paralleling the interior side property line be of one hour construction. (See conditions 2 and 3).
Staff recommends that the Planning Commission APPROVE --
CUP-l24(A)-l based on the following findings and subject to
the following conditions:
Findings
1) The reduction of the side yard would not be inconsistent
with established side yards in the surrounding area.
.2