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HomeMy WebLinkAboutAV 05-06; DONALD CONDOMINIUMS; Admin Decision LetterSeptember 27, 2006 Rick Beck 24423 Whitaker Way Murrieta, CA 92562 C 0 City of Carlsbad 14F•e•••••l·■•J4•E•iii,14•il SUBJECT: AV 05-06 -DONALD CONDOMINIUMS The Planning Director has completed a review of your application for an Administrative Variance, AV 05-06 at 2497 Ocean Street. The variance consists of a request to reduce the required front yard setback from 20 feet down to 12 feet to accommodate the development of two attached airspace condominium units along the west or bluff side of Ocean Street. After 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. 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, in that the lot has a number of constraints which include an undevelopable coastal bluff, a coastal stringline structure setback, sloping topography and the availability of only approximately 40' of developable flat pad west of the 20' front yard setback. These constraints limit the ability to design a residential structure(s) with garages similar in size to those presently located on the west or bluff side of Ocean Street without granting a front yard setback variance. These conditions also exist on other lots on the west side of Ocean Street where similar variances have been granted. However, they do not generally exist for other properties located along the east side of Ocean Street and in the R-3 zone. The City's Engineering Department is also requiring the applicant to dedicate an additional five feet of public right-of-way in order for the City to improve the road way to its ultimate width of 50 feet in the future. The proposed residence will meet the required interior side yard and rear yard setbacks for the lot. 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, in that the majority of lots on the west or bluff side of Ocean Street provide garages or parking structures within the front yard setback due to the lot constraints described above. Without the approval of the variance, a significant portion of the level area of the lot would be undevelopable, preventing 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ AV 05-06 -DONALD C~OMINIUMS September 27, 2006 Page 2 the applicant from achieving similar lot coverage and square footage enjoyed by other properties located on the west or bluff side of Ocean Street. 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, in that the 8-foot reduction in the required front yard setback (from 20' to 12') would not limit visibility or harm the health, safety, and general welfare of passing pedestrians and motorists. The neighborhood was originally developed with reduced front yard setbacks and similar encroachments have been present for some time. 4. The granting of this variance WILL NOT adversely affect the comprehensive General Plan, in that the proposed use is a two unit residential airspace condominium project and is consistent with the Residential Medium-High Density (RMH) Land Use designation and no negative circulation impacts wiJJ result. Conditions: 1. Approval is granted for AV 05-06 as shown on Exhibit "A" dated September 27, 2006, 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 executed by the owner of the real property to be developed. Said notice is 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. 5. This approval is granted subject to the approval of SDP 05-17/HDP 05-13/CDP 05- 52/CP 06-11 and is subject to all conditions contained in Planning Commission Resolutions No. 6175, 6176, 6177 and 6177 for those other approvals incorporated herein by reference. C 0 AV 05-06 -DONALD CONDOMINIUMS September 27, 2006 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 1635 Faraday Avenue in Carlsbad, along with a payment of $550.00. 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. [l>L DON NEU Assistant Planning Director c: Project Engineer Data Entry File Copy Laurence Sawyer, 2445 Garfield Street, Carlsbad, CA 92008 J & D Biggers, 2490 Ocean Street, Carlsbad, CA 92008 John Ford, 15 Tiburon Bay Drive, Corona Del Mar, CA 92625 John Ford, 2445 Ocean Street, Carlsbad, CA 92008