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Home My WebLink About1997-05-07; Planning Commission; Resolution 4090e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4090 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A VARIANCE FOR INCREASED BUILDING HEIGHT, TANDEM PARKING WITH REDUCED GARAGE STANDARDS AND REDUCED FRONT YARD SETBACK STANDARDS ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF OCEAN STREET, SOUTH OF CYPRESS AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 1 CASE NAME: SEA BISQUIT CASE NO: V 96-01 WHEREAS, Patrick McGuire, “Developer”, has filed a verified applicatior the City of Carlsbad regarding property owned by Patrick McGuire, “Owner”, described a: Lot 3 and 4 of Block A of Map No. 2 of the Hayes Land Company (incorporated) addition in Carlsbad, according to Map thereof No. 1221 filed in the Office of the County Clerk November 3,1909 (“the Property”); and WHEREAS, said verified application constitutes a request for a Varianc shown on Exhibit(s) ‘“’A’’ - “G”“ . dated May 7, 1997, on file in the Carlsbad Plm Department, SEA BISQUIT - V 96-01 as provided by Chapter 20.50 of the Carlsbad Mu Code; and WHEREAS, the Planning Commission did on the 7th day of May 1997, h duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testir and arguments, if any, of all persons desiring to be heard, said Commission considered all fa ~ relating to the Variance. I ... “-. ... \ 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla Commission of the City of Carlsbad as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Pla Commission APPROVES Variance, V 96-01, based on the following fin and subject to the following conditions: Findings: 1. That there are exceptional or extraordinary circumstances or conditions applicable 1 property or to the intended use that do not apply generally to the other property or cl: use in the same vicinity and zone, in that (Tandem Parking) - the project sitc sloping topography and a narrow lot width (50-feet) which makes prov required parking to city standards (two 20’ X 20’ garages plus one 10’ wide parking space) impossible without approval of a variance for either reduced yards or tandem parking with reduced dimensions. (Front Yard) - The site i sloping topography which limits automobile access to the eastern 1 (approximately 50 feet) of the site, which makes it impossible (without a 1 amount of fill) to provide a street level garage without encroachment intc required front yard setback. (Height) - The project has sloping topography 01 western two-thirds of the site which makes it difficult (without a large amou fill) to design livable levels within the structure (as the structure steps dow~ hillside) while meeting building height requirements. 2. That the requested variance is necessary for the preservation and enjoyment substantial property right possessed by other property in the same vicinity and zonl which is denied to the property in question, in that (Tandem Parking) - withoul approval of a variance for tandem parking with reduced dimensions (or vari for reduced side yards which is not requested), the applicant could not construci units on this site, which has a RH General Plan designation, permitting 2.147 1 on this .113 net acre site. The property owner would, therefore, be deni substantial property right (to construct two units) which is possessed by G property owners on Ocean Street who have been previously granted approv; multi-unit projects with variances for tandem garages with reduced intt dimensions, (or for variances for reduced side yards). (Front yard) - Withoul approval of a variance for a reduced front yard setback, the applicant could construct any units on the site, as construction of a garage at street level would be possible, as the portion of the lot which is at street level is only 50 feet deep therefore, the requested variance is necessary for the preservation and enjoyme] the substantial property right to construct two units, which is a right possessec other property owners on Ocean Street who have been previously granted appr of multi-unit projects with variances for reduced front yards. (Height) - Wit1 the approval of a variance for increased building height, the applicant woulc ~ PC RES0 NO. 4090 -2- I 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e e required to substantially reduce the scale of the project, while other pro owners along the west side of Ocean Street enjoy the right (conveyed thl previous height variances including V 301 and V 90-2 and under previou restrictive height limitations) to construct similar-scale projects. Thereforr requested variance is necessary for the preservation and enjoyment development of similar size and scale to other approved projects on the west si Ocean Street, which is a right possessed by other owners on Ocean Street, but I is denied to this property owner. 3. That the granting of this variance will not be materially detrimental to the public w or injurious to the property or improvements in the vicinity and zone in whic property is located, in that the requested variances for increased building hc tandem parking with reduced dimensions and a reduced front yard setback wi be a detriment to the public welfare in that the project height and front setback are similar to, and compatible with, nearby projects, the project is simil intensity and scale to surrounding developments, and the parking is designed similar fashion as other approved developments on Ocean Street. Therefort proposed project is compatible with surrounding development. Additionall;) project is conditioned to construct curb and sidewalk improvements along its C Street frontage thereby improving pedestrian and vehicular access in the area. 4. That the granting of this variance will not adversely affect the General Plan, in that variance requests will not adversely affect the General Plan in that the propol consistent with the land uses designated for the area by the Land Use Elemenl residential density range proposed is under the Growth Management de control point; and, the project is in compliance with the Housing Element polici conditioned. 5. That the Planning Commission approves a height variance from 24 feet with 2 roof to a maximum of 32 feet with a flat roof as measured on the western portic the property as’shown on Exhibits “A”-“G”. 6. That the Planning Commission approves parking standard variances (1) from : x 20’ two-car garage to a tandem garage; and, (2) a tandem garage with inti dimensions of 10-12 feet in width as shown on Exhibits “A”-“G”. 7. That the Planning Commission approves a front yard setback variance from 20 feet feet. Conditions: 1. Approval of V 96-01 is granted subject to the approval of CP 96-01, MS 97-01, 96-16, HDP 97-02, and CDP 96-19. V 96-01 is subject to all conditions containe the approval letters for CP 96-01 and MS 97-01 and Planning Commis Resolutions No. 4087,4088,4089 and 4091 for the Sea Biscuit development. PC RES0 NO. 4090 -3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e 1 PASSED, APPROVED AND ADOPTED at a regular meeting of the Pla Commission of the City of Carlsbad, California, held on the 7th day of May 1997, k following vote, to wit: i ~ AYES: Commissioner Compas, Heineman, Monroy, Noble and Sava NOES: Chairperson Nielsen and Commissioner Welshons ABSENT: None ABSTAIN: None . .. a"+- .-" 4- . 2 e/ /;,/"/>"e /d" &-.-e\ ."* f,/) 1, ".=,&,"A ,-._ 1 --<.*.L.x..& - -1, ROBdT NIELSEN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: v MICHAEL J. HMZMIMER Planning Director PC RES0 NO. 4090 -4-