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Home My WebLink AboutAV 05-01; ACCARDI FAMILY FIREPLACE; Admin Decision LetterApril 13, 2005 Leonard A. Accardi 5158 Steinbeck Court Carlsbad, Ca 92008 C City of 0 Carlsbad l:.iEhhhH·■•Ji•Elii,,iihi SUBJECT: AV 05-01 -ACCARDI FAMILY FIREPLACE The Planning Director has completed a review of your application for an Administrative Variance, AV 05-01 at 5158 Steinbeck Court to allow the rear yard setback to be reduced from five feet to three feet for an eight-foot tall detached fireplace structure. After careful consideration of the circumstances surrounding this request, the Planning Director has determined that the three findings required for granting an Administrative Variance can be made and therefore, approves this request based on the following findings and conditions. Findings: 1. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property in that the freestanding fireplace is a permitted accessory use in an R-1 zone. The subject property abuts a 60 foot uphill open space easement and it is not necessary for the proposed free standing fireplace to be setback the required five feet from the property line since there will not be any physical or visual impact to the adjacent residences. 2. That the variance is consistent with the general purpose and intent of the general plan and any applicable specific or master plans in that the property is developed with a single family residence and the fireplace accessory structure is clearly consistent with the existing Residential Low Medium General Plan Land Use Designation for the subject site. 3 That the variance is consistent with and implements the requirements of the certified local coastal program and that the variance does not reduce or in any manner adversely affect the protection of coastal resources as specified in the zones included in this title, and that the variance implements the purposes of zones adopted to implement the local coastal program land use plan in that no agricultural uses currently exist on the previously developed site, and the property is not within the Coastal Agricultural Overlay Zone that would require mitigation for conversion to urban uses. There are no sensitive coastal resources on the previously developed site. The improvements are not located in an area of known geologic instability or flood hazard. No public opportunities for coastal shoreline access are available from the subject site and no public access requirements are conditioned for the project since it is not located between the first public road and the ocean. The residentially designated site is not suited for water-oriented recreation activities and the development of a detached fireplace will not further obstruct views of the 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ AV 05-01 -ACCARDI FA~ FIREPLACE April 13,2005 Page 2 coastline as seen from public lands or the public right of way, nor otherwise damage the visual beauty of the coastal zone. Conditions: 1. Approval is granted for AV 05-01 -ACCARDI FAMILY FIREPLACE as shown on Exhibits "A," dated April 13, 2005, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. Prior to the issuance of the Building Permit, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued an Administrative Variance on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the ·authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 3. Developer shall comply 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 not 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 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 $785.00. 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 Greg Fisher at (760) 602-4629. Sincerely, ~ (kG}u~ DON NEU Assistant Planning Director DN:GF:bd c: John Maashoff Code Enforcement Data Entry File Copy