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HomeMy WebLinkAboutAV 05-02; MULLINS REMODEL; Admin Decision LetterJuly 28, 2005 Karnak Design Robert Richardson 2802 State Street Suite C Carlsbad, CA 92008 C City O ~7/z1/S of Carlsbad IREIOOhl·■•J4•EIIU,14hl SUBJECT: AV 05-02-MULLINS REMODEL The Planning Director has completed a review of your application for an Administrative Variance, AV 05-02 at 2445 Mountain View Drive to allow the street side yard setback to be reduced from ten feet to five feet and the front yard setback to be reduced from twenty feet to sixteen feet to accommodate a single-family residence. After careful consideration of the circumstances surrounding this request, the Planning Director has determined that the five 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 because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification in that the subject property has one of the smaller lots within the subdivision and the gross lot area of 3,144 square feet is significantly less then the minimum 7,500 square foot lot size required by the R-3 zone. The lots substandard size does not allow for the development of a dwelling unit which is comparable in size with other dwelling units on surrounding lots within the subdivision. The City's Engineering Department is requiring an additional five foot dedication of public right-of-way along Mountain View Drive in order for the City to improve the road way to its ultimate width. In addition, the lot is subject to a ten foot required street side setback which further reduces the net developable lot area to approximately 1,334 square feet in size. The proposed expansion of the existing residence will not further encroach into the ten foot required street side setback as the existing wall section along the street side will remain in place. The proposed residence will meet the required interior and rear yard setbacks for the lot. 2. That the variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located and is subject to any conditions necessary to assure compliance with this finding in that other surrounding residential properties within the immediate neighborhood are located on larger unconstrained lots which allow for development of reasonably sized homes consistent with the R-3 zone. 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ AV 05-02 -MULLINS REMQL July 28, 2005 Page2 3. 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 proposed development of a single family residence is an allowed use under the R-3 zoning for the property. 4. 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 proposed development of a single family residence results in a density of 12. 75 du/ac which is consistent with the existing Residential Medium High General Plan Land Use Designation which allows 8 to 15 du/ac for the subject site. 5. 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 redevelopment of a two story residence will not further obstruct views of the 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 05-02 -MULLINS REMODEL as shown on Exhibits "A," dated July 22, 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. AV 05-02 is granted subject to the approval of CDP 04-60 and is subject to all conditions contained in the resolution for CDP 04-60. 4. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. AV 05-02-MULLINS REM~EL July 28, 2005 Page3 5. 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. DON NEU Assistant Planning Director DN:GF:bd c: Kathleen Farmer Data Entry File Copy