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HomeMy WebLinkAbout1995-09-06; Planning Commission; Resolution 3793” ll e -.. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 PLANNING COMMISSION RESOLUTION NO. 3793 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNLA, APPROVING A VARIANCE TO BUILDING HEIGHT AND FRONT YARD SETBACK STANDARDS ON VACANT PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF OCEAN STREET, DIRECTLY ACROSS FROM THE CARLSBAD BY THE SEA LUTHERAN HOME. CASE NAME: CARLSBAD BY THE SEA LUTHERAN HOME CASE NO: V 94-01 WHEREAS, California Lutheran Homes has filed a verified applica certain property, to wit: Parcel C: Lots 50, 51, 52 and the south 15 feet of Lot 49, in Block “A of Map No. 2 of the Hayes Land Company, incorporated, addition, in Carlsbad, County of San Diego, State of California, according to Map thereof 1221, filed in the Office of the County Recorder of San Diego County, November 4, 1909. l5 11 has been filed with the City of Carlsbad, and referred to the Planning Commission 16 17 18 WHEREAS, said verified application constitutes a request for a van; provided by Chapter 21.50 of the Carlsbad Municipal Code; and 19 WHEREAS, the Planning Commission did, on the 16th day of August, 1995 20 21 the 6th day of September, 1995, hold a duly noticed public hearing as prescribed by consider said request; and 22 I1 WHEREAS, at said public hearing, upon hearing and considering all tes 23 24 and arguments, if any, of all persons desiring to be heard, said Commission conside 25 /I factors relating to V 94-01. 26 27 A) That the above recitations are true and correct. 28 Commission of the City of Carlsbad as follows: NOW, THEREFORE, BE IT HEREBY RESOLVED by the PI ll II 0 e ll 1 findings and subject to the following conditions: 2 B) That based on the evidence presented at the public hearing, the Commission APPROVES V 94-01, based on the following Findings: 3 4 5 6 7 8 9 10 11 12 13 14 15 1. 16 17 2. 18 20 19 21 22 23 24 25 3. That there are exceptional or extraordinary circumstances or conditions apl to the property or to the intended use that do not apply generally to the property or class of use in the same vicinity and zone in that properties 7 Ocean Street have radically sloping topography which limits automobile ac the eastern third of the lot thereby resulting in garage structure encroachme1 front yard setbacks. Additionally, the application of development standar Local Coastal Program policies requiring onsite parking to serve multiple I seaward stringline setback, additional street dedication, 20' front yard setba a maximum building height of 24' (flat roof) and two stories, substantially the development potential of these parcels without zoning relief. Thc development is exceptional in that the easterly 50% of the structure consists above-grade roof deck enclosing a partially subterranean garage which is we1 the maximum building height while the westerly half of the structure exce height and story standard. As the roof and underlying structure proceed o' bluff, the structure increases in height to 39 feet and three stories, due to ad1 to the structural stringline setback at the base of the bluff, and a ? foundation/seawall which supports and protects the project from wave acti' erosion. Although building height is exceeded at the westerly location, and t deck and garage structure encroach to within 2' of the front property line, the is lower in height and less intense than existing development to the north and That the requested variance is necessary for the preservation and enjoyme substantial property right possessed by other property in the same vicinity an but which is denied to the property in question, because without the requested and setback variances, the scale of the project would have to be rl substantially, while numerous variances have previously been granted for pro along Ocean Street because of the physical and development restrictions above. That the granting of this variance will not be materially detrimental to the welfare or injurious to the property or improvements in the vicinity and z which the property is located, in that the project is lower, less intense, and th, compatible with surrounding development. The architectural design in whi high landscaped roof deck is visible along Ocean Street will visually enhar area while retaining some visual access to the beach. Additionally, the prc conditioned to construct curb and sidewalk improvements along its Ocean frontage thereby improving pedestrian and vehicular access in the area. 26 4. That the granting of this variance will not adversely affect the General Plan, Element; 2) a commercial professional care operation providing living units 27 the project is: 1) consistent with land uses designated for the area by the La1 28 are not subject to residential density ranges or the Growth Management ; PC RES0 NO. 3793 -2- /I 0 0 * 1 2 control point; and 3) in compliance with Noise and Open Space (Hi Preservation) Element policies as conditioned. 3 4 Conditions: 1. Approval of V 94-01 is granted subject to the approval of LCPA 95-07, RI in Planning Commission Resolutions 3790, 3791, 3792 and Design Review 6 7 Resolutions 228,229,230 and 231 for the Carlsbad By The Sea Lutheran f PASSED, APPROVED, AND ADOPTED at a regular meeting 5 CDP 94-06, CUP 94-10, HDP 94-08. V 94-01 is subject to all conditions co 8 9 10 11 12 13 14 15 16 17 Planning Commission of the City of Carlsbad, California, held on the 6th day of Sepl 1995, by the following vote, to wit: AYES: Chairperson Welshons, Commissioners Compas, Monroy, Nielson and Savary NOES: ABSENT: Commissioner Noble ABSTAIN: KIM ~ELSHONS, Chairperson CARLSBAD PLANNING COMMI! l8 ATTEST 19 II . " 20 MICHAEL J. H~ZMIL~R 21 /I Planning Director 22 23 24 25 26 /I 27 28 PC RES0 NO. 3793 -3-