HomeMy WebLinkAboutAV 06-04; KELLY / JRM OFFICE BUILDING; Admin Decision LetterCity
June 13, 2006
Kelly/JRM Palomar Airport Road I, LLC
Suite 200
1040 South Andreasen
Escondido CA 92029
O Mcufud to /1 y /o~
of Carlsbad
1461 I• I•• 11· ■ •J4 ·E• I•; ,14 Ii I
SUBJECT: AV 06-04 -KELLY/JRM OFFICE BUILDING
The Planning Director has completed a review of your application for an Administrative
Variance, AV 06-04 on the southeast corner of Palomar Airport Road and Aviara Parkway to
reduce the required setbacks on Palomar Airport Road from 60 feet to 50 feet, Aviara Parkway
setback from 60 feet to 47 feet and the interior side yard from 20 feet to 10 feet. 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 property is encumbered by
Carlsbad Municipal Water District and a 150-foot wide SDG&E transmission
corridor which runs diagonally through the southwestern quarter of the site. The
development of the site is also restricted by a 70 foot riparian buffer from the
creek on the southern portion of the property. Other properties in the vicinity
encumbered by the transmission corridor were adequate in size to not be
significantly impacted by the transmission corridor. The riparian setback is larger
than those of the up and downstream projects.
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 properties in the vicinity have been
approved for three story office buildings with similar intensity of development.
3. The granting of this variance would not be materially detrimental to the public welfare or
injurfous to the property or improvements in the vicinity and zone in which the property is
located because the project would maintain the minimum development setbacks
for the project site. The Planned Industrial (PM) zone allows buildings to increase
their building height with a proportionate increase in all setbacks. The project
proposes to increase the building height by ten feet which would result in an
increase in all required setbacks by 10 feet. The 10 foot setback reduction from
60 feet to 50 feet along Palomar Airport Road would still maintain the minimum 50
foot setback required by the PM Zone. In addition, the building design is such
that a 60 foot average setback is maintained from Palomar Airport Road. The
1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @
AV 06-04 -KELLY/JRM O~E BUILDING
June 13, 2006
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street side yard reduction from 60 feet to 50 feet and the interior setback from 20
feet to 10 for the parking areas would also maintain the minimum required of the
PM zone.
4. The granting of this variance will not adversely affect the comprehensive General Plan
because the property will be developed with a corporate office building consistent
with the Planned Industrial Land Use designation.
Conditions:
1. Approval is granted for AV 06-04 as shown on Exhibit "A" dated June 12, 2006, on file in
the Planning Department and incorporated herein by reference. Development shall
occur substantially as shown unless otherwise noted in these conditions.
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 plus notice
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 Van Lynch at (760) 602-4613.
DON NEU
Assistant Planning Director
DN:VL:bd
c: David Rick
Data Entry
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