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HomeMy WebLinkAboutAV 13-05; Tram Property; Administrative Variance (AV)4'f~~ CITY OF ~CARLSBAD Community & Economic Development July 11, 2013 Price Builders, Inc. Attn: Leo Finkelstein 6351 Nancy Ridge Drive San Diego, CA 92121 SUBJECT: AV 13-05-TRAM PROPERTY www.carlsbadca.gov The City Planner has completed a review of your application for an Administrative Variance (AV 13-05), at 3147 Roosevelt Street to allow for a reduction in the width of the north side yard setback from the required five (5) feet to three (3) feet. 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 due to the narrow width of the lot (25 feet) and the requirement to have a minimum four (4) foot wide disabled path of travel along the south property line leading to the office spaces, providing the required five (5) foot setback would impede upon the required disabled path of travel, or result in a narrow building width of 14 feet. Additionally, there are other single-family residences within the northwest quadrant of the city which are located on similar 25' wide lots which also have been granted variances for reduced side yard setbacks. 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 the granting of a variance to allow for a reduction in the north side yard setback from five (5) feet to three (3) feet shall not constitute special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located in that there are other single family residences within the northwest quadrant of the City which are located on similar 25' wide lots which also have been granted variances for reduced side yard setbacks. 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 the proposed mixed-use development is a provisional use in District 5 of the Village Review zone. Mixed-use developments can be allowed in District 5 if the ground floor is devoted to commercial uses. The existing building in the front is used as an office, and the ground floor of the proposed new building will be devoted to an office use as well. The proposed second story residential unit creates a mixed-use commercial/residential project, thereby satisfying one of the primary objectives of the Village Review zone for District 5. 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 proposed variance is consistent with the General Plan Land Use Element in that it provides complementary uses such as a combination of residential and · · . Planning Division ~- -:: 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® AV 13-05-TRAM PROPERTY July 11, 2013 Page 2 commercial uses to generate pedestrian activity, to create a lively, interesting social environment and a profitable business setting. The variance is also consistent with the Village Master Plan and Design Manual because it helps establish the Village as a quality working and living environment by providing office space and a residential unit on the same lot which provides a live/work opportunity. Conditions: 1. Approval is granted for AV 13-05 as show on Exhibits "A"-"B", dated July 11, 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 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 $638.00. 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, 0 Q/vvl/j ~vCu CHRIS DeCERBO Principal Planner CD:AS:sm c: Lien Tram, 3039 Jefferson Street, Suite E, Carlsbad, CA 92008 Don Neu, City Planner Chris DeCerbo, Principal Planner Tecla Levy, Project Engineer Data Entry/OMS File Copy