HomeMy WebLinkAbout2004-07-07; Planning Commission; Resolution 56641
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PLANNING COMMISSION RESOLUTION NO. 5664
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, DENYING THE
APPEAL AND UPHOLDING THE PLANNING DIRECTORS
PROPERTY GENERALLY LOCATED AT 5019 TIERRA DEL
OR0 STREET IN LOCAL FACILITIES MANAGEMENT ZONE
3.
CASE NAME: CASA DI MARE
CASE NO: AV 04-03
APPROVAL OF ADMINISTRATIVE VARIANCE AV 04-03 ON
WHEREAS, Ted Viola, “Developer,” has filed a verified application with the
City of Carlsbad regarding property owned by David W. Valentine, Successor Trustee of the
Edward L. Valentine and Muriel H. Valentine Inter Vivos trust dated May 4, 1990,
“Owner,” described as
Lot 14 of Tierra del Oro, in the City of Carlsbad, County of
San Diego, State of California, according to Map thereof No
3052, filed in the Office of the County Recorder of San Diego
County, February 4,1954
(“the Property”); and
WHEREAS, said application constitutes a request to modify conditions of
approval for AV 04-03 requiring redesign of the project to observe a 10 foot, rather than 6
foot, front yard setback; and
WHEREAS, said verified application constitutes an appeal of an Administrative
Variance as shown on Exhibits “A” - “G” dated July 7, 2004, on file in the Carlsbad Planning
Department, AV 04-03 - CASA DI MARE provided by Chapter 21.50 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did on the 7th day of July, 2004, hold a
duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Variance.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
B)
That the above recitations are true and correct.
That based on the evidence presented at the public hearing, the Planning
Commission DENIES the appeal and upholds the Planning Director’s
APPROVAL of AV 04-03 - CASA DI MARE based on the following findings
and subject to the following condition:
Findinm :
1.
2.
3.
4.
That special circumstances apply to the subject property in that the site is constrained
between the street and coastal bluff. This reduces the 221-foot deep lot to a
buildable area measuring only 55 feet deep (factoring in a 20 foot front yard setback
and rear yard stringline setbacks). This results in a much smaller buildable lot area
than that of neighboring lots. However, the requested 4-foot front setback exceeds
other front setback variance requests that have been granted in the same zone and
vicinity and if approved, would constitute a special privilege that is not enjoyed by
other properties in the vicinity and under the identical zoning classification.
The 4-foot front setback variance is not necessary for the preservation and
enjoyment of a substantial property right possessed by other properties 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 or
have been granted variances that do not exceed 10 feet. The residence could be
designed with a 10-foot setback and still meet the minimum interior dimension
requirements for a garage, similar to the development of other properties in the
same zone and vicinity.
That the Planning Director’s approval of Administrative Variance AV 04-03 is
subject to conditions which will assure that the adjustment(s) thereby authorized will not
constitute a grant of special privileges inconsistent with the limitations upon other
properties in the vicinity and zone in which the subject property is situated.
That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15303 (single-family
residence in an urbanized area) of the state CEQA Guidelines. In making this
determination, the Planning Director has found that the exceptions listed in Section
15300.2 of the state CEQA Guidelines do not apply to this project.
PC RES0 NO. 5664 -2-
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Conditions:
1. The residence shall be redesigned to observe a 10-foot front yard setback for the
garage. The redesign shall be subject to approval by the Planning Director, prior to
issuance of a building permit.
2. This approval is granted subject to the approval of Coastal Development Permit CDP
04-11 and is subject to all conditions contained in Planning Commission Resolution No.
5663 and contained in the Planning Director’s approval of AV 04-03 for those other
approvals incorporated herein by reference.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these feedexactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PC RES0 NO. 5664 -3 -
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 7th day of July 2004, by the
following vote, to wit:
AYES:
NOES: Commissioners Montgomery and Heineman
ABSENT: Commissioner Segall
ABSTAIN: None
Chairperson Whitton, Commissioners Baker, Dominguez
Chairperson\-
G COMMISSION
ATTEST:
MICHAEL J. HOL~IL~~R
Planning Director
PC RES0 NO. 5664 -4-