412, Construct a retaining wall in , Staff Reports• •
STAFF REPORT
DATE: March 14, 1990
TO: PLANNING COMMISSION
FROM: STAFF
SUBJECT: ZONING CASE NO. 412; Request for a Variance to encroach into the
side yard setback to construct additions to the existing
residence at 9 Caballeros Road, and to construct a retining wall
at 9 Caballeros (Lot 32-SK) and 1 Maverick Lane (Lot 31-SK); and
Site Plan Review to determine compatibility of the proposed
additions with the site at 9 Caballeros; Applicants: Gordon Siu
and Dr. Mansoor Mirsaidi
DISCUSSION
The Planning Commission, at their regular meeting of February 20, 1990,
continued the hearing on the matter to allow the applicant time to submit
documentation for an expanded variance request for consideration of
constructing a retaining wall within the side yard setbacks of the subject
site and neighboring lot. This expanded request is result of the subject
property's relationship to the northerly neigboring site, in that the
parties, Stinnett (former owner), Mirsaidi, and the Rolling Hills
Community Association, have legal agreement to utilize the easement
between the properties for vehicular access use, and correspondingly
requires construction of a new retaining wall that tranverses the mutual
property line. City staff, at the last meeting, requested that the
applicant submit a certified copy of the agreement. The Commission
inspected the site and easement area at their last field trip meeting.
Other issues discussed at the previous meeting are as follows:
1. The northerly residential addition requires variance relief to
encroach four (4') feet into the 35 foot side yard setback. The subject
site is somewhat narrow for an RAS-2 zoned lot, and thus, the requirement
of side yards consume essentially half the width of the parcel. The
applicant's design professional was requested to provide building pad
coverage calculations.
2. Grading plans have been revised to indicate that the 1,150
cut/fill balance will be completed above the location of the existing
stable that will remain. Furthermore, the applicant's representative
provided information that the existing retaining wall will be replaced to
not to encroach into any required yard setback.
3. Potential view impairment to abutting properties has been
resolved by the Commission site inspection, and the projects design
profession has indicated that the southerly addition will be lowered to
present a "step-down" situation.
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RECOMMENDATION
Staff recommends that the Planning Commission closely examine the proposed
project and potential impacts to the site and surrounding properties as
they relate in accordance with the zoning requirements addressing side
yard setback and development compatibility. In order before a variance
may be granted, the Commission must determine that there are special
circumstances applicable to the property, special privileges are not
granted, and it would not be detrimental to the public welfare or
injurious to other property. Further, the Commission must consider site
plan review for the project and determine that findings required for site
plan review approval as set forth by the ordinance are satisfied. Should
the Commission approve the request, appropriate conditions can be attached
to the action to mitigate impacts and insure proper development
procedures.
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