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HomeMy WebLinkAboutAV 07-09; ASH RESIDENCE; Admin Decision LetterApril 23, 2008 Bokal & Sneed Architects 244 9th Street Del Mar, CA 92014 • • FILE COPY City of Carlsbad IAE•i•l••li~■•J§!E•iil,i§iil SUBJECT: AV 07-09 -ASH RESIDENCE The Planning Director has completed a review of your application for an Administrative Variance, AV 07-09 .. The request is for an administrative variance to allow a one foot encroachment into the rear yard setback for a proposed staircase which will replace an existing balcony located at 6506 Surfside Lane within the La Costa Downs Subdivision. The one foot encroachment is limited to a nineteen foot lineal distance, generally along the middle of the fifty-nine foot rear property line width. After careful consideration of the circumstances surrounding this request, the Assistant Planning Director has determined that the four findings required for granting an Adminis.trative Variance can .be made and therefore, APPROVES this request based on the • following findings and conditions. Findings: 1. There ARE exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and zone because the lot area and depth of the property was reduced through a cul-de-sac dedication. This dedication resulted in a smaller lot size, depth and net building area compared to surrounding lots not ·constrained by the street dedication. Typical lots within the subdivision contain at least 4,800 square feet, whereas the applicant's lot area is only 3,953 square feet. The applicant's lot has an average depth of 66.5 feet, (75 feet north property line and 58 foot south property line) whereas a typical lot within the subdivision has an average lot depth of 80 feet. When combining the constrained lot depth with the required front and rear yard setbacks, the resulting average depth for buildable area is only 31.5 feet as compared to 45 feet for a typical lot. This constrained lot depth and reduced buildable area justify the request for the one foot encroachment into the required rear yard setback. 2. The requested variance IS necessary 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 unlike the subject property, other surrounding properties have larger lot depths and area that have enabled the development of related improvements such as stairways without the need for a variance. 3. The granting of this variance WOULD 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 the one foot encroachment into the rear yard setback would not adversely impact any of the surrounding properties due to the fact that the proposed staircase will be replacing an existing balcony. In addition, in order to accommodate the proposed staircase an existing second story kitchen window with views into the properties to the east will be eliminated. As a. result, there will be minimal, if any, 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602~8559 •·www.ci.carlsbad.ca.us @ • additional effects to the privacy, circulation of air or exposure -of sun to the surrounding properties than currently exists. 4. The granting of this variance WILL NOT adversely affect the comprehensive General Plan because the variance is based on unique clrcum•tances involving only the subject property. The subject property's lot depth and lot area restricts the developable lot area as compared to surrounding, typical lots In the subdivision. The lot area and • depth was reduced through a required cul-de-sac dedication. The property ·1s developed with a single-family residence which Is consistent with the Residential Medium Land Use designation for the subject site. Granting of the v~rlance Is consistent with the Land Use Element Polley c.7 which promotes site design quality which may be indicated by the· harmony of the proposed buildings in terms of size, height and location, with respect to existing neighborhood development since the architecture of the staircase will be architecturally compatible with the single-family residence. Conditions, 1. ·-Approval is granted for AV 07-09 as shown on Exhibits "A" -"D", dated April 14, 2008, on. file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise note~ in these conditions. 2. The variance for the rear yard setback will be for the staircase only and the variance will not allow for habitable space or other Improvements. The -lineal distance of the one foot encroachment is limited to the nineteen feet necessary to construct the• proposed stairway, as shown on Exhibits .. A" -"D" dated April 14, 2008. 3. Developer shall c.omply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. Approval of this request shall nQt excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. This decision may be appealed by you or any member of the public to the Planning Commission within ten calendar days of receipt of this letter. Appeals must be submitted in writing to the Planning Commission at 1635 Faraday·Avenue in Carlsbad, along-with a payment of $598.50. The filing of such appeal within such time limit shall stay the effective -date of the order of the Assistant Planning Director until such time as a final' decision on the appeal is rea(?hed. If you have any questions regarding this matter, please feel free to contact 1111U 6024624. Sincerely, ~ ~¾ GARY T. BARBERIO Assistant Planning Director GTB:CS:lt c: Bruce and Jane Ash, 1985 East River Rd #101, Tucson, AZ. 85718 Alex & Karen Hall, 6502 Franciscan Road, Carlsbad, CA 92011 . Johnson Lai' & Kim Schmidt, 6483 Franciscan Rd, Carlsbad, CA 92011 Steve Bobbett Data Entry File Copy ..·.