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HomeMy WebLinkAboutAV 96-04; Gemological Institute of America; Administrative Variance (AV)1 c t 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 @ P 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