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HomeMy WebLinkAboutAV 05-07; BAGNALL RESIDENCE; Admin Decision Letter(_, :~ f IL£ C-OPY City of Carlsbad ■ u F•;.;.. a-■ •14 •t• au ,1401 February 7, 2006 Maxwell Wuthrich, AIA PO Box 7223 Rancho Santa Fe, CA 92067 SUBJECT: AV 05-07-BAGNALL RESIDENCE The Planning Director has completed a review of your application for an Administrative Variance, AV 05-07 at 5029 Tierra Del Oro Street. The variance consists of a request to reduce the front yard setback from 20 feet to 15 feet on an existing residence that maintains a 15-foot front yard setback. 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 because the developable portion of the site is constrained between the street and coastal bluff. This reduces the 267-foot deep lot to a buildable area measuring only 52 feet deep (factoring in a 20 foot front yard setback and rear yard stringline setbacks). This results in a much smaller buildable lot area than that of neighboring lots. Additionally, other residences have been developed with 10-foot or less front yard setbacks or have received approval of variances for 10-foot front yard setbacks. 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 other homes in the neighborhood were originally built with 10 foot front yard setbacks and variances for front setback reductions have been granted to other properties in the same zone and vicinity. The existing residence maintains a 15-foot front yard setback. The proposed reduction to 15 feet is still a deeper setback than the 13-foot setbacks provided on the adjacent lots to the north and south. 3. The granting of this variance would not be materially detrimental to the public welfare or injurious to the property or improvement~ in the vicinity and zone in which the property is located because the neighborhood was originally developed with reduced front yard setbacks and all encroachments have been present for some time. Any existing impacts to the neighborhood due to the reduction in adequate vehicle sight distance or street circulation would have been noted by the neighboring residents. J 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ AV 05-07 -BAGNALL &sfoENCE February 7, 2006 Page 2 4. The granting of this variance will not adversely affect the comprehensive General Plan because the proposed use is a single famiiy home, consistent with the Residential Low­ Medium (RLM) density designation and no circulation impacts will result. Conditions: 1. Approval is granted for AV 05-07 as shown on',Exhibit "A" dated February 7, 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 Notioe 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. 5. This approval is granted subject to the approval of Coastal Development Permit CDP 05-38 and is subject to all conditions contained in Planning Commission Resolution No. 5708 for that other approval incorporated herein by reference. 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 plus noticing costs. 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. "' ~y,76 DON NEU Assistant Planning Director DN:aw c: Project Engineer Data Entry File Copy J