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Home My WebLink AboutAV 04-02; MCGUIRE RESIDENCE; Admin Decision LetterCarlsbad q 01 August 23, 2004 Susan and Leo McGuire 5035 Tierra del Oro Carlsbad, CA 92008 SUBJECT: AV 04-02 - MCGUIRE RESIDENCE The Planning Director has completed a review of your application for an Administrative Variance, AV 04-02, at 5035 Tierra del Oro Street. The variance consists of a request to reduce the front' yard setback from 20 feet to 13 feet. 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. Findings: 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 the developable portion of the site is constrained between the street and coastal bluff. Due to stringline setback requirements for structures and rear yard amenities, less than 41% of the site is developable. Application of both the 20-foot front yard setback and structural string line setback reduces the depth of the proposed structure to 52 feet along the northern property line. Therefore, setbacks applicable to the subject lot result in a significantly smaller buildable area than that of comparable sized lots. Additionally, other residences have been developed with 10-foot or less front setbacks or have received approval of variances for 10-foot front setbacks. 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 because other homes in the neighborhood were originally built with 10 foot front yard setbacks and variances for front setback reductions have been granted to other properties in the same zone and vicinity. The proposed reduction to 13 feet is still a wider setback than the 10' and 5' setbacks provided on the adjacent lots to the north and south. 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 neighborhood was originally developed with reduced front yard setbacks. Any existing impacts to the neighborhood due to the reduction in adequate vehicle sight distance or street circulation would have been noted by the neighboring residents. 4. The granting of this variance WILL NOT adversely affect the comprehensive General Plan because the proposed use is a single family home, consistent with the Residential Low-Medium (RLM) density designation. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us . I AV 04-02 - MCGUIRE RESIDENCE August 23, 2004 Page 2 Conditions: Approval is granted for AV 04-02 as shown on Exhibit "A" dated August 23, 2004, on file in the Planning Department 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 to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, 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 Planning Director 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. 5. This approval is granted subject to the approval of Coastal Development Permit COP 04-07 and is subject to all conditions contained in Planning Commission Resolution No. 5708 for that other approval incorporated herein by reference. 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 $440.00. The filing of such appeal within such time limit shall stay the effective date of the order of the Planning Director 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 Anne Hysong at (760) 602-4622. Sincerely, 17", ?/L DON NEU, AICP Assistant Planning Director DN:AH:vd C: Michael J. Holzmiller Chris DeCerbo John Maashoff, Project Engineer Data Entry File Copy 1" LTj9 r )14 j - II U IF — II -RDOO I ' ,.__----EXISTING STEPPED RETAINING WALL . v-_ • • J I T.O.+38.33 (sTucco), T.O.GtASS +43.33 : • I \ i : I B.O. * +32.4 t EXISTl4G ROLLED CURE TYPICAL FO BOTH SIDES OF STREET ) I / STRINGLIRE FROM CORNER 01 EXISTING SECOND STORY DECK a R 0W £ I I STRR4GLINE FROM CORNER OF ADJACENT I4USE R 0 4*0 O 0 .1 J ,—LINE 0F ROOF OVERHANG . , I T.O. WALL (SRJqCO): +43 /,—R FL PERIMETER WOOD FENCE, ryp. : • , flCONCRETE STEPPING STONES 1W. 25 0 SDC&E EAStENT , 7 GARAGE ' -' DRIVEWAY AND C0NCREWALK ' ! • I CM . INR.0.W.fJRDERSEPRATEPERMIT 9B1 UUEJF00/EIGHB0R RET1HIN fllL1 --- '::' - ; I\ • - " 37 d/- q 4W11ftEW R j \ i\ I \—UNE 01 REAR /,; t I i / H OF 0 - - \ HIN TIDE PATIO I11 C*RETEWALK W LINE OR000F OVERHANG A T00F FENCE AND E6I0R COURTYARD DATE (WOOD AND STEEQ: 3 -.. TO STONE TILE WALL LINE~ OF TRELLIS REAU 20 TA FRONT AND SACK M4 FIR PROPOSED 13 FT. FRONT ~ARD SETBACK ll~ El 1111 El tA)500)J ' TQ T0)FAL'L STUCCO) +43 R PLACE CIO.4NEY EPLACE ER 8011 +3240 AC tTôY 00 "CONCRE)E rEAPING STUN S TAP TA WAIL AT B.O.. . , 4,00-VRiES I I 0WER HEIGHT / LINE OF RD OVERHANG MASONRYY "fitTAINS, WOOD FENCE CO~WALL ABOVE MIN . EIG '70 BE 5 FT. FOR POOL ENCLOSURE 6 Fr. PERIMETER WOOD FENCE, TYP.. f STRINGLINE FROM CORNER OF ADJACENT HOUSE 7 PLAN STEPPED RETAINING WAIL TASTING STAPPEDRETWNINC WALL 1/16- 1 The McGuire Residence md CDP 04-07/AV 04-02