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HomeMy WebLinkAboutAV 93-05; Mullen Residence Remodel; Admin Decision LetterMarch 23, 1994 Attn: Robert Ardent Mullen Family Trust 2110 Arroyo Drive Riverside, CA 92506 City of Carlsbad ■A@iii,ii,i·l·lA·E•i•,,tAlii SUBJECT: ADMINISTRA11VE VARIANCE NO. 93-05 -Request for a Rducecl side yard setback from five (5) feet to three (3) feet; a reduced front yard setbad from twenty (20) feet to five (5) feet, and a reduced side yard setback for an uncovered pamng space from five (5) feet to two (2) feet on property 1ocated at 2617 Ocean StRet in Local FN"'lliries Management Zone 1. Dear Mr. Ardent: The Planning Director has completed a review of your application for an Administrative Variance, to allow a reduced side yard setback from five (5) feet to three (3) feet; a reduced front yard setback from twenty (20) feet to five (5) feet, and a reduced sideyard setback for an uncovered parking space from five (5) feet to two (2) feet at 2617 Ocean Street. Mt.er careful consideration of the circumstances surrounding this request, the Planning Director has determined that the four findings required for granting an Administrative Variance can be made and, therefore, APPROVES this request based on the following findings and conditions. fipdjnp: 1. There are exceptional circumstances and conditions applicable to the property that do not apply generally to the other property or class of use in the same vicinity and zone because the buildable portion of the property is substantially constrained by several factors not found on other lots within this zone. These constraints are as follows: a) The lot is substandard in size. Ar. 3,500 square feet, the lot is well under the minimum 7,500 square foot lot size required by the zone. b) Because the lot is only 25 feet wide, the width of the building is substantially limited. With 5 foot setbacks required on each side, enough space would remain for only a 15 foot wide building. c) Per Policy 7-12 of the Mello U segment of the Local Coastal Plan, which established a •stringline• measurement for shoreline development, the building cannot mend any further to the rear of the property. Overall, the integration of all these constraints limit the buildable area of the lot to no more than 27 percent coverage. The maximum building coverage pennitted per the R-3 Zone is 60 percent. The reduced setbacks would allow a 5 percent increase in lot coverage. A variance is also being requested in order to pennit the open parking space to encroach into the side yard setback. Section 21.44.0SO(a)(l)(C) of the Zoning Ordinance states that when the required par.king for a one-family structure (two spaces required, one of which 2075 Las Palmas Drive • Carlsbad. California 92009-1578 • (619) 438-1.181 Mullen Family Trust AV 93-05 March 23, 1994 Page 2 must be covered) is not provided in a covered garage, the space must be at least 200 square feet in area and situated so that it may later be covered by a garage. If this space were later covered by a garage, the garage would encroach into the side yard setback. The most narrow width that could be achieved per standard for a garage on this property is 20 feet, measured from interior wall to interior wall. Exceptional circumstances exist because a 20 foot wide garage could not be placed on a 25 foot wide property without encroaching into the side yard setback. 2. The requested variance is necessaiy for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question because similar variances have been granted in the area. Since 1957, over 20 variances have been granted for reduced side and front yard setbacks on the west side of Ocean Street. These variances have established a precedent for substandard lots west of Ocean Street 3. The granting of this variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the property is located because similar reduced standards in the past have not been injurious to the neighborhood and the proposed remodel is consistent in size and character with other ocean front buildings in the area. 4. The granting of this variance will not adversely affect the comprehensive General Plan because no use change is being proposed and all requested modifications are proposed for only one lot fewtid9PI~ 1. Approval is granted for AV 93-05, as shown on Exlubits "A"• "C", dated March 23, 1994, incorporated by reference and on file in the Planning Department Development shall occur substantially as shown unless otherwise noted in these conditions. 2. Prior to the issuance of building permit, a five foot deep section of property shall be dedicated by the owner along the frontage on Ocean Street:, based on a centerline to right- of-way width of twenty-five feet and in conformance with City of Carlsbad standards. 3. Plans, specifications,' and supporting documents for all public improvements shall be prepared to the satisfaction of the City Engineer. Prior to issuance of building permit and in accordance with City Standards, the applicant shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the site plan and full 1/2 width street improvements including paving, curb, gutter, sidewallc, street lights, and storm drain facilities along the project frontage on Ocean Street. Improvements shall be in accordance with City standards. 3. The garage door will be limited to a roll-up model, as the operation of the door cannot encroach into the public right-of-way. Mullen Family Trust AV 93-05 March 23, 1994 Page 3 • This decision may be appealed by you or any member of the public to the Planning Commission within ten days of receipt of this letter. Appeals must be submitted in writing to the Planning Commission at 2075 Las Palmas Drive in Carlsbad, along with a payment of $120.00. The filing of such appeal within such time limit shall stay the effective date of the order of the Planning Director until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact David Rick at (619) 438-1161, extension 4328. GW:DR:lh c: Bob Wojcik Ken Quon Bobbie Hoder Adrienne Landers Don Rideout Data Entry File Copy