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
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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
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