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HomeMy WebLinkAboutAV 06-05; MURRAY REPLACEMENT; Admin Decision LetterAugust 24, 2006 Timothy S. Murray 6634 Towhee Lane Carlsbad, CA 92009 C ~ Wu1£4 g /zs/oct City of Carlsbad IAEUUhh·■•J4•Eiiieei401 SUBJECT: AV 06-05-MURRAY REPLACEMENT The Planning Director has completed a review of your application for an Administrative Variance, AV 06-05 -MURRAY REPLACEMENT, at 7050 Estrella Del Mar to reduce the front yard setback requirement from 20 feet to 16 feet in order to rebuild an attached two car garage recently destroyed by fire. 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 residences in the neighborhood including the subject property were originally built under the jurisdiction of the County of San Diego with less restrictive setback requirements then the current R- 1 zoning regulations that apply to the property and other residences have 16-foot or less 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 without the approval of a reduced front yard setback, the existing configuration of the residence on the lot would prohibit the construction of a two car garage in conformance with the R-1 zoning regulations; therefore, eliminating the property's required off street covered parking that other residences in the same vicinity and zone are afforded. The proposed reduction from 20 feet to 16 feet is still a greater front yard setback than most homes provide within the same vicinity and zone. The new garage replaces a garage which was destroyed by fire. 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 because the neighborhood was originally developed under the jurisdiction of the County of San Diego with reduced front yard setbacks and all encroachments have been present for many years. 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. 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ .~ AV 06-05 -MURRAY REP~MENT August 24, 2006 Page2 4. The granting of this variance will not adversely affect the comprehensive General Plan in that the property is developed with a single family residence which is consistent with the existing Residential Low Medium General Plan Land Use Designation for the subject site. Conditions: 1. Approval is granted for AV 06-05 -MURRAY REPLACEMENT as shown on Exhibit "A" dated August 24, 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. 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 835.00. 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. [I~ DON NEU Assistant Planning Director DN:GF:bd c: Clyde Wickham Data Entry File Copy Kenneth A. Purdy, 7441 Trigo Lane, Carlsbad, CA 92009