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HomeMy WebLinkAboutAV 98-03; Hartsock Condo Conversion; Administrative Variance (AV) (3)October 28, 1998 TAX ATTORNEY RECEWED Planning Commission City of Carlsbad 2075 La Palmas Drive Carlsbad, CA 92009-1576 Re: Appeal of the Planning Department's Denial of AV 98-03 Hartsock Condominium Conversion Requesting a Variance from the 20-Foot Front Yard Setback Requirement Dear Planning Commission: On February 13, 1998, I submitted a Justification for Variance requesting that a variance be granted from the required 20-foot front yard setback to allow the existing duplex to be condominiumized. This request for variance was part of Condominium Permit CP 98-04 which requests to condominiumize the existing duplex located at 4683 Park Drive, A & B, Carlsbad, California 92008 ("Subject Property"). The Subject Property is currently set back ten feet from the front yard property line as was required for a duplex. This variance requests that you allow a ten-foot setback in order to be consistent with 83% of the other properties on Cove Drive with less than a 20-foot setback, and with a substantial number of Park Drive properties with less thaq a 20-foot front yard setback, all of which are also in the RW zone. 1 In a separate, but related application, Planning Commission Determination PCD 98-2 requests that the guest parking be located in an off sight area allowed by Section 21.45.090 (d)(3) which states that "Credit for visitor parking may be given for frontage on adjacent local streets for detached single-family or duplex projects subject to the approval of the Planning Commission.. ." The four requirements necessary to obtain a variance from the 20-foot front yard setback requirement in Section 21.45.090(b)(2)(B) are discussed below. 1. There are 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. a. The size of the Subject Property is different than other properties in the RW zone. Since this request asks for a variance of the 20' front yard setback, the length of the lot is of ultimate importance. 0 (619) 535-4844 Fax 535-4890 4660 La Jolla Village Drive, Suite 500 San Diego, California 92122 October 28, 1998 Planning Commission Re: Appeal of the Planning Department’s Denial of AV 98-03 Hartsock Condominium Page 2 Conversion Requesting a Variance from the 20-Foot Front Yard Setback Requirement The average lot on Park Drive is 125.66 feet in length, on Cove Drive is 122.83 feet in length and on Marina Drive is 137.48 feet in length. However, the Subject Property is only 107.73 feet in length. The Subject Property is 18 to 30 feet shorter than the average length of lots in the RW zone. The significantly shorter lot size of the Subject Property seriously restricts my ability to comply with the full 20 feet front yard setback. As a result, this property has extraordinary conditions that do not apply to other properties in the vicinity. b. The location of the Subject Property allows for different characteristics of this property than other properties in the RW zone. The Subject Property is located in an isolated area from most of the population. The majority of people live either on Marina Drive, or the north end of Park Drive, or along all of Cove Drive. There is less pedestrian traffic in front of the Subject Property as a result of its isolation from the majority of the population in the RW zone. The Subject Property is located far away from where most of the cars are parked on the north end of Park, Marina Drive and Cove Drive. The location in this matter is significant since the pedestrian traffic should not increase since the other side of Park Drive is virtually unbuildable due to the large bluff preventing its development, Pedestrian traffic should not increase in the general area since the other side is unbuildable. There is 100-200 yards of street frontage that is unbuildable as a result of this steep bluff. c. The shape of the Subject Property is irregular. The Subject Property is a trapezoid with the back of the property 37 feet and 4.5 inches wide, and the front of the property 45 feet and 9 inches wide. This irregular shaped lot requires that the building be placed closer to the front of the Subject Property in order to comply with all other setbacks, and to more center the building on this irregular shaped lot. d. The topography of the Subject Property is significantly different that other properties in the RW zone. The topography of the Subject Property is lower than the topography of the sidewalk, and adjacent street. This is a steep 2 feet, 6 inch drop from the sidewalk to the front portion of the building. It was necessary to build up the house three-feet above ground level in order for the building to be level with the sidewalk. As such, there is a steep drop immediately when driving down into the side parking. This is significantly h October 28, 1998 Planning Commission Re: Appeal of the Planning Department’s Denial of AV 98-03 Hartsock Condominium Page 3 Conversion Requesting a Variance from the 20-Foot Front Yard Setback Requirement different than other properties in the vicinity. 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. a. A Neighborhood Front Yard Setback Comparative was prepared on August 14, 1995 showing all properties on Cove Drive. After analyzing each property on Cove Drive the conclusion was that “Only five (i.e. 17%) properties of 30 (100%) have a front yard setback at plus 20 feet. Eighty-three percent of existing homes are less than 20-feet front yard setback.” (See Exhibit A, Neighborhood Front Yard Setback Comparative dated August 14, 1995.) b. An Analysis was prepared by the Planning Department which shows certain variances that were approved by the City of Carlsbad. As you can see in the third column of the exhibit the setback for each approved variance is as follows: 10 feet, 10 feet, 21 feet, 10.5 feet, 10 feet, 20 feet, 10 feet, 20 feet, 10 feet, 10 feet, 10 feet, 20 feet, 10 feet, 10 feet, 8 feet 7 inches, 10 feet 8 inches, 24 feet. As you can see from the variances approved by the City of Carlsbad, only five provided for a full 20 feet setback, the balance were granted their variance. (See sheet one, page 1, Analysis by Carlsbad Planning Department). c. This will not disrupt pedestrian and vehicular circulation since 10 feet from the sidewalk is sufficient space to allow pedestrians to walk on the sidewalk without interference. Since there is 44 feet 8 inches on the side parking areas, this is ample parking so that individuals will not be parking from the garage to the sidewalk. As such, cars will not block the sidewalk or pedestrian or vehicular traffic. d. There are a substantial number of units and lots that are condominiumized in the same RW zone. Without this variance I am deprived of the right to condominiumize and be similar to many of my neighbors. 3. Granting 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. October 28, 1998 Planning Commission Re: Appeal of the Planning Department’s Denial of AV 98-03 Hartsock Condominium Page 4 Conversion Requesting a Variance from the 20-Foot Front Yard Setback Requirement a. A garage located 10 feet back from the sidewalk does not disrupt pedestrian right of way. Pedestrians just don’t walk that far off of the sidewalk. Owners are much less likely to block the sidewalk by wrongfully parking behind the garage in the 10-foot setback, than transient tenants are. Property owners are more conscientious about neighbors than transient tenants. A 10 feet setback is ample space for pedestrians, especially in light of the 44 feet 8 inches of concrete parking depth on the south side of the building. b. There is ample parking in the covered garage and the one parking space on the side of each of the units. The concrete parking area on the south side of the Subject Property is 44 feet 8 inches long, well in excess of the required 20 feet long parking space, and therefore there is virtually no chance of parking in the sidewalk, and virtually no chance of blocking pedestrian right of way. 4. The granting of this variance will not adversely affect the comprehensive General Plan because the two unit development is consistent with the Residential High (RH) density General Plan land use designation and the Residential Waterway (RW) zoning. a. The Assistant Planning Director agreed that granting this variance will not adversely affect the general plan and this development is consistent with the RH density, and the RW zoning. As such, we have complied with the fourth requirement by agreement. In summary, all four requirements of an administrative variance are complied with. I would like an opportunity to meet and discuss this variance with the Planning Commission. I look forward to hearing from you Very truly yours, n William D. Hartsock Attorney at Law adrninvar.app