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HomeMy WebLinkAbout20-Planning . . CITC>OF SAN BERNARDI6 - REQUEQ- FOR COUNCIL AC-Q)N Frank A. Schuma From: Planning Director Subject: Appeal of Variance No. 85-5 Dept: Planning Date: June 5, 1985 Mayor and Council Meeting of June l7, 1985, 9:00 a.m, Synopsis of Previous Council action: Previous Planning Commission action: At the meeting of the Planning Commission on May 21, 1985, the following action was taken: The application for Variance No, 85-5 was denied. Vote: 5-3, 1 absent. Recommended motion: That the hearing on the appeal be closed and the decision of the Planning Commission be affirmed, modified or rejected, QJ~ Signature Fr ank A, Schuma - Contact person: Frank A. Schuma Phone: 383-5057 7 Supporting data attached: Yes, Staff Report Ward: FUNDING REQUIREMENTS: Amount: Source: Finance: Council Notes: "7.._n?~? Am>nrl~ Itpm Nn,2 t) ~ . o c. ( '\ C~ o o o RECEIVF'I-r' T'~ :~: fRr '85 IiAY 29 P 1 :53 May 29, 1985 Shana Clark City Clerk City of San Bernardino 300 North "D" Street San Bernardino, CA 92401 Dear Ms. Clark: We would like to make an appeal to the Mayor and Common Council, for variance application number 85-5, which was denied by the Planning Commission on May 21, 1985. Our appeal is based on the design of our development having a two story multifamily structure within 75 feet of an 1-1 zone. Mr. Shuma and the Planning Commission have openly said they feel this ordinance is considered overly restrictive. Mr. Shuma further stated that it would be more appropriate to base a development on the quality of design, rather than the rigid ordinance as in our case. A variance was applied for and granted directly across the street on the northwest corner of Marshall and Del Rosa Avenue. The property features, dimensions, and circumstances are identical to our situation. We only ask that we recieve the same property right of use as the property across the street. , " Respectfully Submitted, a~ ~;&~~~ r--, ':-",' r. ~I. . ;Z4- ~O~ r'''w John F. Littleton ' ~- Rick Lazar . J c:Y...,,--. elf'--), 0'0 S& I LJ I - / _..r ..' I ....:~J_..:...1. ~. 'J."~ t...., , mr,:/r;., [', ,i ,', f.... " I I.', "..-. U,," q Q" \"',, I' :+' . . i~'1 ,. - 'yl"..:~ I r',' v " /"',/' - .-:: ) tr..'.',._ . . ( o o ( o o vINe -. . -~.... _ ..,'\",'" :./)... "', ',~ ..:::.~. ....:.). . !",'~~(::'\ CITY OP;'SAN'"BERNARDINO -'::,' 'I'~" . ", ';'\ ./_1=' '. '~ .,......... ./~ o '1l) \; ;........v ., -.-.. ,"I i' 'of e:. ....\... 300 NORTH "0" STREET. SAN BERNAROINO, CALIFORNIA 9241B - ~ W.R. "BOB" HOLCOMB Mayor Members of the Common Coynell Robert A. Cut.nede w .. .. .. .. .. .. .. .. F"rat Ward Jack Reilly................... .. .. v.secondWard Ralph ....rMnd.z .. .. .. .. .. .. .. .. .. .. .. Third Ward 5te_M.rks.... .............. ........ Fourth Ward GoraonQulel.................. _.. FtfthWard Dan Frular .............. ~......... ..SlxthWard Jack Strlckle, .. .. .. . '0 . .. .. .. .. . .s.venth Ward May 30, 1985 Mr. Rick Lazar 248 East Highland Avenue, 17 San Bernardino, CA 92404 Dear Mr. Lazar: At the meeting of the Planning Commission on May 21, 1985, the following action was taken: The application for Variance No. 35-5, to construct a four-plex apartment building in the R-3-2000 Multiple Family Residential zone on .25 acre located at the Iwuthwest corner of Mal:shall Boulevard and Del Rosa Avenue, was denied based upon find:i,ngs of fact contained in the staff's report elated May 2l, 1985., According to the San Bernardino Municipal Code, Section 19.74.080., the following applies to the above variance; "The decision of the Commission shall be final unless an appeal therefrom is taken to the Common Council as provided for in this section. Such decision shall not become effective for ten days from the date that the written decision has been made and notice thereof mailed to the applicant, during ~Ihich time w!:itten appeal therefrom may be taken to the Council by the, applicant or any other person aggrieved by such decision. The Council may, Ilpon its own motion"cause any Commission decision to be appealed." ., spectfully, " 'cc: ~~. NK A. SCHUMA Planning Director mkf Building and Safety Dept. Engineering Division John and Darlene Littleton 1177 E. 28th stree~ San Bernardino, CA 92404. . . o o o o CITY OF SAN BERNARDINO PLANNING DEPARTMENT '""" SUMMARY ..... III ~ o ti III ::) o III It: ...... ~ III It: ~ AGENDA ITEM HEARING DATE WARD 11 5-21-85 7 ~ APPLICANT Rick Lazar 248 E. Highland Avenue #7 San Bernardino, CA 92404 John & Darlene Littleton 1177 East 28th Street an Ber Variance No. 85-5 OWNER Subject property is a rectangularly-shaped parcel of land consisting of approximately .25 acres located at the southwest corner of Marshall Blvd. and Del Rosa Avenue. The applicant requests a variance of Code Section 19.12.040 from the maximum building height of 20 feet within 75 feet of an R-l, Single-amily Residential Zone in order to construct a four-plex apartment building in the R-3-2000, Multiple- Family Residential Zone. EXISTING GENERAL PLAN PROPERTY LAND USE ZONING DESIGNATION Subject Vacant R-3-2000 Med. Dens. Res, (8-14) North Multi-Family Residential PRD-14U Med. Dens. Res. (8-14) South Vacant, Single-Family Res. R-1-7200 Med, Dens. Res, (8-14) East Single-Family Residential R-3-2000, R-l-7200 Med, Dens. Res. (8-14) West Single-Family Residential County (R-l) Med, Dens. Res. (8-14) GEOLOGIC / SEISMIC DYES FLOOD HAZARO BVE S OZONE A ( ~VES ) HAZARD ZONE BNO ZONE ONO JUjZONE B SEWERS ONO HIGH FIRE DVES AIRPORT NOISE / DVES REOEVELOPMENT DVES HAZARD ZONE filNO CRASH ZONE BNO PROJECT ARE^ 1ikN0 ..J o NOT o POTENTIAL SIGNIFICANT Z C APPROVAL ~ APPLICABLE EFFECTS 0 WITH MITIGATING ti U CONQITIONS Zen MEASURES NO E,I,R, We!) o EXEMPT D EIR REQUIREO BUT NO ILO !;g 2Z ILffi DENIAL Z- SIGNIFICANT EFFECTS 00 WITH MITIGATING ~2 D CONTINUANCE TO a:Z MEASURES en2 :;;ii: 0 Z 6NO D SIGNIFICANT EFFECTS 0 III SIGNIFICANT SEE ATTACHEO E. R. C, W EFFECTS MINUTES a: NOli 1911 on REVilED JULY I.'t . . o 0 CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE Variance 85-5 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE 11 5-21-85 2 1. The applicant is requestin9 to construct two, two-story 4-plexes and allow one to encroach within the required 75-foot setback when adjacent to an R-l Zone. The property is located in the R-3-2000 Zone at the soutnwest corner of Marshall Blvd. and Del Rosa Avenue. 2. The property consists of two separate lots of 11,030 and 10,336 square feet in size. Each lot would contain one four-plex resulting in a den- sityof 15 to 17 units per acre. The 16 required parkin9 spaces for the units are served by one 24-foot wide access drive off Marshall Blvd. The units consist of two types of 900 and 1087 square feet in si ze. I n the rear of each buildi ng, there is a two-story unit. Therefore, the applicant is requesting a waiver of the ~75-foot required minimum setback from a single-family residential zone for the two-story portion of the building on the southerly lot. All other setback and . other requirements applicable to the R-3 Zone are met on the proposed si te plan. 3. Previous approvals on the site include General Plan Amendment No. 82-3 approved by the Mayor and Common Council on January 17, 1983. The study area included property up to Eureka Avenue but only amended the land use designation on a property. located east of Del Rosa~Avenue, north of Marshall Blvd., and south of r.ureka Avenue. It was determined that the land use designation of Medium Density Residential should remain in the vicinity of the subject parcel even though the area was primarily built out as single-family residential due to the few numbers of vacant parcels left in the area. The discrepency between the existing density and General Plan designations of Medium Density Residential did not warrant a change to a lower density at the time the Amendment was approved. 4. Lot Line Adjustment 83-8 was approved on July 19, 1983 by the Commission to adjust the lot line northerly 16 feet between the two subject parcels. Subsequently, Change of Zone No. 84-22 was approved by the Commission on October 16, 1984. The zone change was initiated by the Planning Department at the direction of the Mayor and Common Council. It included both parcels as well as a third parcel westerly which were zoned C-3A. This commercial classification was amended to R-3-2000. 5. There are multiple-family residential uses to the north across Marshall Blvd. zoned PRD-14. The parcel easterly containing a single-family unit is zoned R-3-2000. To the east across Del Rosa Avenue is County property zoned R-l and developed as single-family uses. To the south ius a vacant parcel zoned R-1-7200. The remaining lots below it are also zoned R-1-7200 and developed as single-family residential. , . o o o o CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE Variance 85-5 OBSERVATIONS ~~~~~:GI6~~E ~:21-85 PAGE 3 6. The two-story building in question is located an average of 10 feet from the property line. Stairs are located on the southerly side of the building within 6 feet of the property line abutting the R-1-7200 Zone. The following are the required findings as well as applicant and staff response to the items: ~. There are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended uses of the property, which do not apply generally to other property in the same zoning district and neighborhood. Applicant's Response The proposed development is located on a very busy street corner. The property would not be considered a good site for a R-l development. By allowing a two story structure, the property wi 11 act as buffer between single-family residences south of the property and to larger apartment developments proposed and existing north of this property. Staff's Reponse The issue in question is not whether the property is appropriate for multiple-family use, but how the requirement of Section 19.12.40 applies to the property in question. The .49 acre parcel is sufficient in size and is rectangularly-shaped and does not have unusual topography. Therefore, the special circumstances regarding these items do not apply to the property in question. The total frontage on Del Rosa Avenue of 154 feet would not prohibit development of the property to this applicable standard of the R-3 Zone given an alternate site design and/or reduction in density. The permitted density of 4 units per acre represents a maximum density given applicable Code provisions. The elimination of the one unit in question would not pose a hardship upon the applicant. The location of the parcel adjacent to the R-1-7200 Zone suffers under no more unusual circumstances than any other R-3 zoned property with a similar location relative to an R-l Zone. B. That such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. Applicant's Response A variance was approved for a 2-story 4-plex apartment development directly across the street, on the northwest corner of Marshall Blvd. and Del Rosa Avenue. By allowing this variance, a similar type 4-plex apartment will be developed, which will be compatible and complimentary with existing developments. '\.. , . () o o o CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE Variance 85-5 .OBSERVATIONS 11 5-21-85 4 AGENDA ITEM HEARING DATE PAGE Staff's Response Substantial property right refers to the right to use the property in a manner which is on a par with uses allowed to other property owners which are in the vicinity and have a like zoning. The purpose of the variance is to restore parity where the strict application of the zoning law deprives such property owners of privileges enjoyed by other properties in the vicinity and under identical zoning classification. The variance mentioned by the applicant was approved four years ago. I n the interim, the zone change on the subject site was approved based on development in conformance to applicable zoning Code standards. The privileges enjoyed by other properties do not refer to the privilege of a variance as this must reviewed on a case specific basis. C. That the granting of the variance will not be materially detrimental to the public welfare or injurious to property and improvements in the zoning district and neighborhood in which the property is located. Applicant's Response The neighborhood directly adjacent to the subject property is in a transitional state from single-family to multi-family developments. Due to the high traffic count on Del Rosa Avenue, it has become less desirable for a single-family residence and more compatible for multi- family developments of a medium density. In addition, we have a state- ment from the property owners to the south that they are completely in' favor of the development and intend to develop their property for multiple-family use. Staff's Response In determining the application for a variance, the best interest of the enti re community is the contro11 i ng factor rather than the suitabi Ii ty or adaptability of the property in question for a particular use. The ordinance requirement in question in response to the disruptions and impositions to privacy within homes and yards of homes within the R-I-7200 Zone. The requirement is imposed to allow residents of single- family homes a reasonable degree a protective from any adverse effects due to close proximity of apartment uses. The neighborhood located southerly of the property is a stable single-family area with homes in good conditi on. It is not anti ci pated th at thi s area wi 11 transiti on to multiple-family use in the near future as the majority of the area is built out. The lot immediately adjacent to the parcel is vacant and extends westerly across the stubbed cul-de-sac of Mary Ann Lane. No application has been submitted to date requesting a zone change to R-3. Staff has not reviewed the feasibility of a multiple-family use on the southerly lot in detail, however, it is a very narrow lot which , o o o J ,CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE Variance 85-5 OBSERVATIONS 11 5- 21-85 5 AGENDA ITEM HEARING DATE PAGE directly abuts an existing single-family tract therefore potentially posing difficulties to development as apartments. The development of the adjacent lot with a waiver of the required setback could ultimately be detrimental to the welfare to any future resident of this parcel and could potentially reduce the property value of this parcel under an R-l zoning classification. D. That the granting of such a variance will not be contrary to the objec- tives of the Master Plan. Applicant's Response In 1984, the Planning Commission and Common Council, with the assistance of a Citizen Advisory Committee adopted a new General Plan for this area. The development of two 4-plexes would not be incon- si stent wi th the General Plan. Staff's Response Although the General Plan designation for the area is Medium Density Residential (8-14 units per acre), the observations associated with the General Plan Amendment request noted that it was the intention to pre- serve the single-family integrity of the area and that scattered apart- ment development on the parcels remaining vacant should not pose an intrusion on this use. The San Bernardino City General Plan includes the following principle for development within the medium density resi- dent i a 1 areas: "Preserve nei ghborhood quality associ ated with si ngle-family development. This density range will include single-family homes and multi-family homes in the same block. Maintaining setback, limiting access for automobiles and restricting height of buildings will ensure the visual quality of the area and permit both types of housing to exist side without wi thout i nj ury to ameni ti es or property values." Given the prevailing circumstances, granting of the proposed variance would be contrary to this principle of the General Plan. 7. The Environmental Review Committee determined that the project will not adverse ly effect the en vi ronment. The subject parcel is located wi thi n the Zone 'B' Flood Control area. Mitigation measures recommended by the City Engineering Department would be applicable. \" . . o o o J CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE Variance 85-5 OBSERVATIONS II tJ-ZI-8o o , AGENDA ITEM HEARING DATE PAGE RECOMMENDA TI ON Staff recommends denial of Variance No. 85-5 to construct two, two-story four-plex apartments within 75 feet of a R-1-7200 Zone based on the obser- vations and findings contained in the staff report. Respectfully submitted, FRANK A. SCHUMA Planning Director ~) '\ .-/ P _'---" - "j, .~~.\. .l-t'~.-- J ~N E. CAMERON Associate Planner "" * . ~ ...~ . ..~ nG 0 .-- '!:. " ~ '-'-"-~ ,"I. t " i I ~ r . . ". 1 ,; , " . \ . '. ( ') I 'a ' "' ". '* " -. - ... 1 ~ to',,! ..,..,.:~Jtr.._ 0, 1 -I ';. j .;,"""'.-- \ , , , ... I I I 1 , i , I I ....... ..,,,,;Go. I ()~I'" ',.. .10.1 ~ ,. CliIDQ,I"'.'" .." 'p, I if \ -t . I .. I ':; ... !:. , 01 I )! ' '. . '~ !. ; , , " . * E -- .t \; ... ~ ~~ ~i .,. , ~ ... J j'l I ... .... j I ~ 1 t o \ L ~! I .~.!:.. ! 1 II "..... .... It I ' ;~ ~~ ' , 1\ " ~ . t Z ~ ..'~ t 'I ~ ~si. i i. ~ ... <\.t~v \I . ~ o ~~"\:'ll' ~ ~ .,tl~-i I "' ~~ ~,'''~ alll,~~~ , i ~'l" ~ ~ I, . " I ! , I 1 ~ J c , '- a ,i\ -= ,<Ii I ; I, t ' l : .' ~'I---I , -,'~ ~~ i\~ j'\ II' Ii \ , .. . . I !.' ~ ~: :,: \' ~'i I j ......".... ... 0.., ..... .. 'I' I ~" ~ . II: . 9 ii i '~ iLl l-a i t I o.,} ,~i ~i ~'XlO ~:O$ (:i '0:" . !i ..' , .. > . 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"'''-j ,;, --" ~ ~.I : ~ ~--.~;" t:-~.~~ .... _ J.u . j F-: J ~~ ~ \.~".,_~:'..r.:~.: .. -, ~--~ _ i(~ ;t~;,~~~~::' ':::2~:~,L.;:.:~J~r -; ?;':- ~ ::'-:~:~';._-~.1,,:-,~._R' )~;"Q -, 1 . I , n I ",e" ---1,,'.. : : 1 . SCHOOl ,,' ro "R' ~ l i. =:j 1___. _F EJ~] C,3A 1.':2.::2... ''', ~~L1- ~ 1"I~--[-'4_._"I=--""i I - <:-",,' r-'~, 'I' C!S7~T7':; ......' .......................~,.... _11,.::rr~_ Q .'1 , ..1 .: ~ ., :-~ . .J i .'1 i 3 ;j .' -:! -,: , o o o May 7, 1985 John F. Littleton 1177 East 28th Street San Bernardino, CA 92404 \ Dear Mr. Littleton: This letter is to confirm that we have reviewed your plan to develop two four-plexes on the southwest corner of Marshall and Del Rosa Avenue, in San Bernardino. It is our feeling that these apartments are visually appealing and will be a benefit to the n~ighborhood. Being the owners of the property located directly south of your development, we see no reason why a two story structure would be a detriment to our property or the neighborhood. We have no reason to oppose your variance application to have a two story apartment within seventy-five feet of our property which is presently zoned R-1. It is our intention to develop our property into apartments within the very near future. Sincerely, 6?~'",i -r{~ ~ 2-D