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HomeMy WebLinkAboutAV 16-07; RYAN RESIDENCE; Admin Decision LetterISIONNINNI 0 a I spa. FILE (City of Carlsbad December 7, 2016 Laurene and Michael Ryan 6391 Keeneland Drive Carlsbad, CA 92009 SUBJECT:AV 16-07 —RYAN RESIDENCE The City Planner has completed a review of your application for an Administrative Variance, AV 16-07 at 6391 Keeneland Drive.After careful consideration of the circumstances surrounding this request, the City Planner 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.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 lot has an irregular shape that provides a narrow rear yard.The single- family home was built with a 20 foot rear yard setback, allowing no room for a deck/patio cover to be built off the bedroom. 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 granting the variance will allow a deck/patio cover to be built in the rear yard setback.Single-family homes within the surrounding neighborhood and R-1 zoning designation may construct decks and patio covers in the rear yard. 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 a deck/patio cover is allowed to be built in the rear yard of properties with a R-1 zoning designation.Additionally,the unenclosed balconies,patios and decks may be allowed to project to the property lines of rear yards immediately adjacent to permanent open space areas.A permanent open space area is located immediately to the south of the rear yard where the proposed deck/patio cover is located. 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 R-1 zone implements the R-4 General Plan Land Use designation, and decks/patio cover are permitted in rear yards of single-family properties in the R- 1 zone. 5.That the City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15303 (e)new construction of a small accessory structure and 15305 (a) setback variances not resulting in the creation of any new parcel of the state CEQA Guidelines.In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. Community & Economic Development Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141760-602-4600 I 760-602-8560 f I www.carlsbadca.gov mosimommumi AV 16-07 —RYAN RESIDENCE" December 7, 2016 Page 2 Conditions: 1.Approval is granted for AV 16-07 as shown on Exhibit "A" dated December 5, 2016 on file in the Planning Division and incorporated herein by reference.Development shall occur substantially as shown unless otherwise noted in these conditions. 2.The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 3.Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the AV 16-07 documents,as necessary to make them internally consistent and in conformity with the final action on the project.Development shall occur substantially as shown on the approved Exhibits.Any proposed development different from this approval shall require an amendment to this approval. 4.The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 5.Prior to the issuance of a Building Permit, owner/applicant 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 City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued an Administrative Variance on the real property owned by the owner/applicant.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 City Planner 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 owner/applicant or successor in interest. 6.This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 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 $850.00.The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner 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 Austin Silva at (760) 602-4631. Sincerely, VAN 1.NCHVAN Principal Planner VL:AS:fn c:Don Neu, City Planner David Rick, Project Engineer Data Entry File Copy HPRM