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HomeMy WebLinkAboutAV 13-03; Garfield Beach Residence; Administrative Variance (AV)·~ . ~CARLSBAD Community & Economic Development www.carlsbadca.gov September 9, 2013 Marian Edwards 1289 Forest Avenue Carlsbad, CA 92008 SUBJECT: AV 13-03-GARFIELD BEACH RESIDENCE The City Planner has completed a review of your application for an Administrative Variance, AV 13-03 at 2637 Garfield Street. The variance is a request to reduce the required front yard setback from 20 feet to 15 feet to accommodate the development of a detached single family residence located along the west side of Garfield Street between Cypress Avenue and Beech Avenue. 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. 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 in that the subject property has one of the smaller lots within the subdivision and the gross lot area of 3,500 square feet is significantly less then the minimum 7,500 square foot lot size required by the R-3 zone. The lots substandard size does not allow for the development of a dwelling unit which is comparable in size with other dwelling units on surrounding lots within the subdivision. The proposed residence will meet the required interior side yard and rear yard setbacks for the lot, the garage will meet the required 20 foot front yard setback, and the first floor habitable portion will provide a 15 foot setback similar to the adjacent residence to the north and south. 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 neighborhood were originally built with reduced front yard setbacks and variances for front yard setback reductions have been granted to other properties in the same zone and vicinity. The proposed reduction to 15 feet is similar to the adjacent properties to the north and south and is a greater setback then many Jots within the neighborhood. Furthermore, without the approval of the variance, it prevents the applicant from achieving similar lot coverage and square footage enjoyed by other properties located within the neighborhood. 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 5-foot reduction in the required front yard setback (from 20' to 15') would Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® AV 13-03-GARFIELD BEACH RESIDENCE September 9, 2013 Pa e 2 not limit visibility or harm the health, safety, and general welfare of passing pedestrians and motorists. The neighborhood has been historically developed with similar reduced front yard setbacks and similar encroachments have been present for some time without creating traffic safety issues. 4. The granting of this variance WILL NOT adversely affect the comprehensive General Plan because the proposed use is a single family residence project and is consistent with the Residential Medium High Density (RMH) Land Use designation and no negative circulation impacts will result. 5. That the variance is consistent with and implements the requirements of the certified local coastal program and that the variance does not reduce or in any manner adversely affect the protection of coastal resources as specified in the zones included in this title, and that the variance implements the purposes of zones adopted to implement the local coastal program land use plan in that no agricultural uses currently exist on the previously developed site, and the property is not within the Coastal Agricultural Overlay Zone that would require mitigation for conversion to urban uses. There are no sensitive coastal resources on the previously developed site. The improvements are not located in an area of known geologic instability or flood hazard. No public opportunities for coastal shoreline access are available from the subject site and no public access requirements are conditioned for the project since it is not located between the first public road and the ocean. The residentially designated site is not suited for water-oriented recreation activities and the development of a two story residence will not further obstruct views of the coastline as seen from public lands or the public right of way, nor otherwise damage the visual beauty of the coastal zone. Conditions: 1. Approval is granted for AV 13-03 as shown ori Exhibits "A-1", dated September 9, 2013, on file in the Planning Division 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 City Planner, 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 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 Developer or successor in interest. 3. Developer shall comply with all applicable prov1s1ons of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. This approval is granted subject to the approval of COP 13c10 and is subject to all conditions contained in the approving resolution for this project. ~V 13-03-GARFIELD BEACH RESIDENCE ... September 9, 2013 Pa e 3 5. 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 $638.00 plus noticing and postage fees. 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 Greg Fisher at (760) 602-4629. Sincerely, Chris DeCerbo Principal Planner CD:GF:fn c: B. Mills Sinclair, 1289 Forest Avenue, Carlsbad, CA 92008 Daniel O'Reilly, 2669 Garfield Street, Carlsbad, CA 92008 Irving J. Gordon MD, 2768 Ocean Street, Carlsbad, CA 92008 J. McGrath, 2685 Garfield Street, Carlsbad, CA 92008 Nicole Pappas, 2689 Garfield Street, Carlsbad, CA 92008 Don Neu, City Planner Tecla Levy, Project Engineer Data Entry File Copy