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HomeMy WebLinkAboutV 2020-0001; JAMES GREENHOUSE VARIANCE; Admin Decision LetterMarch 18, 2020 Charles Gang 1563 Calle Ryan Encinitas, CA 92024 FILE ~\ ,.....,.., D._._,;; 3\t',;;\ 20W SUBJECT: V 2020-0001 (DEV2020-0017)-JAMES GREENHOUSE VARIANCE Ccityof Carlsbad The City Planner has completed a review of your application for an Administrative Variance, V 2020- 0001 -JAMES GREENHOUSE VARIANCE at 3931 Garfield Street, a request to reduce the north side yard setback from five feet to three feet to accommodate a new 368-square-foot greenhouse. After careful consideration of the circumstances surrounding this request, the City Planner has determined that the findings required for granting an Administrative Variance cannot be made and therefore, DENIES this request based on the following findings and conditions. Findings: 1. There are not special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, so the strict application of the zoning ordinance does not deprive such property of privileges enjoyed by other properties in the vicinity and under identical zoning classification in that there are no unusual circumstances associated with the property in question in that the property is of average size and shape similar to many other properties in the vicinity and is relatively flat with no physical constraints such as slopes. 2. That the variance constitutes a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located in that to grant a variance to reduce the north side yard setback from the required five feet to three feet would grant this property special privileges that are not enjoyed by other properties in the vicinity and the RD-M -Residential Density -Multiple Zone. Other properties are subject to a minimum five- foot side yard setback requirement and no similar variances have been granted in the vicinity. The proposed greenhouse size and applicant's desire to avoid causing stress to the root system of the existing tree does not constitute a special circumstance on the property. Additionally, the city does not have a tree protection ordinance for trees located on private property and does not require the construction of accessory structures that may impact trees. 3. That the variance would authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property in that the subject property is designated RD-M -Residential Density -Multiple Zone and Carlsbad Municipal Code {CMC) Section 21.24.090(D)(2) requires a minimum setback of five feet for non-habitable accessory structures. Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-73141760-602-4600 I 760-602-8560 f I www.carlsbadca.gov V 2020-0001 (DEV2020-0017) -JAMES GREENHOUSE March 18, 2020 Pa e 2 4. That the variance is not consistent with the generat;"j~Y ... ose)~ ":l,t of the general plan and any applicable specific or master plans in that the suli e ,.WlilPirtY i~ within the R-23 Residential General Plan Land Use designation and althoug non-habitable accessory structures are compatible and permitted in residentially designated areas, the proposed greenhouse is not consistent with the development standards to which it is subject. A desire to promote the Community Forest Management Plan does not warrant a deviation from required zoning development standards. 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 it would not have any Impact on sensitive environmental resources. 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 $876. 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 Esteban Danna at (760) 602-4629. Sincerely, le. -. k-y. TERI DELCAMP Principal Planner TD:ED:mf c: Joyce James, 3931 Garfield Street, Carlsbad, CA 92008 Don Neu, City Planner Tecla Levy, Project Engineer Data Entry HPRM/File Copy