HomeMy WebLinkAboutAV 96-04; Gemological Institute of America; Administrative Variance (AV)1 c
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November 13, 1996
Michael Henning
LPA
17848 Sky Park Circle
lrvine CA 9261 4
SUBJECT: AV 96-04 - REQUEST TO REDUCE THE FRONT YARD LANDSCAPE
SETBACK BY 5 FEET FOR A LENGTH OF 84 FEET IN ORDER TO
EXPAND THE LOADING DOCK ACCESS DRIVE FOR THE GEMOLOGICAL
INSTITUTE OF AMERICA TO FACILITATE BACKING DELIVERY TRUCKS
The Planning Director has completed a review of your application for an Administrative
Variance, AV 96-04 at 5355 Armada Drive. 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.
Findinas:
1.
2.
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 although the
loading area truck turning radius is designed to meet the minimum standard,
backing a large truck into the loading dock requires maneuvering on the driver’s
(right) blind side resulting in trucks swinging wide to avoid hitting the building.
This results in trucks going over the top of curb at the back of the front yard
landscape setback area adjacent to the loading dock. The loading dock was
constructed in this area of the site to prevent it from being seen from
viewpoints west of the site. The 35 foot wide landscape area which will remain
will provide an adequate landscape setback which when the landscape material
grows to maturity will provide screening of the loading area from viewpoints
east of the site.
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 adequate loading
dock access is a right possessed by nonresidential property in the vicinity. The
loading dock circulation area must be functional for the Gemological Institute of
America to operate effectively. The remaining front yard setback will be
adequate to provide an area for landscape material to grow to screen the loading
dock area from view.
2075 Las Palmas Dr. Carlsbad, CA 92009-1576 - (619) 438-1161 - FAX (619) 438-0894 @
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AV 96-04 - GEMOL0GICp.- INSTITUTE OF AMERICA
NOVEMBER 13, 1996
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 front yard landscape setback
reduction is offset in the vicinity of the project by a realignment of Armada
Drive which results in an increase in the area of landscaping west of the
roadway. In addition the remaining 35 foot wide landscape setback is adequate
to allow for landscape material to grow to screen the loading area and create a
view of the project site which is aesthetically appealing.
4. The granting of this variance will not adversely affect the comprehensive
General Plan because the setback variance is based on unique circumstances
involving only the subject property. Therefore, the variance would not uniformly
affect the properties of Carlsbad and subsequently the City’s General Plan.
Conditions:
1. A construction change shall be submitted to the Engineering Department to
reflect the widened loading dock access drive permitted by approval of this
administrative variance. No plancheck is required.
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 2075 Las Palmas Drive in Carlsbad, along with a
payment of $490.00. The filing of such appeal within such time limit shall stay the
effective date of the order of the Planning Director until such
on the appeal is reached. If you have any questions regarding
free to contact Don Neu at (61 9) 438-1 161, extension 4446.
Assidant Planning Director
GEW:DN:bk
time as a final decision
this matter, please feel
C: Bob Wojcik
Bobbie Hoder
Data Entry
File Copy
Gary Hill, G.I.A.
Steve Harrison, The Harrison Company