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Home My WebLink About2007-02-21; Planning Commission; Resolution 62521 PLANNING COMMISSION RESOLUTION NO. 6252 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A VARIANCE FOR A REDUCTION IN THE MINIMUM FRONT 4 AND SIDE YARD SETBACK AND A MINIMUM INTERIOR - GARAGE DIMENSION STANDARDS ON A .07 ACRE SITE LOCATED ON THE WEST SIDE OF OCEAN STREET 6 BETWEEN CYPRESS AVENUE AND BEECH AVENUE WITHIN THE MELLO II SEGMENT OF THE LOCAL 7 COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1. 8 CASE NAME: BURCHFIELD RESIDENCE 9 CASE NO: V 06-01 10 WHEREAS, Marilyn Burchfield, "Developer/Owner," has filed a verified application with the City of Carlsbad described as 12 Lot 6 in block "A" Hayes Land Co. Addition to Carlsbad Map 13 No. 2 in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 1221, filed in the 14 Office of the County Recorder of San Diego County, November 4, 1909, including that portion if any lying between the above described property and the line of ordinary high tide of the .,- waters of the Pacific Ocean and excepting that portion, if any, of said lots lying below the line of the ordinary high tide of the 17 waters of the Pacific Ocean 18 ("the Property"); and WHEREAS, said application constitutes a Variance request for a reduction in the 20 minimum front and side yard setback and minimum interior garage dimension standards; 21 and 22 WHEREAS, said verified application constitutes a request for a Variance as 24 shown on Exhibits "A" - "B" dated February 21, 2007, on file in the Carlsbad Planning 25 Department, V 06-01 - BURCHFIELD RESIDENCE provided by Chapter 21.50 of the Carlsbad Municipal Code; and 27 WHEREAS, the Planning Commission did on the 21st day of February, 2007, 28 hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 3 relating to the Variance.4 5 - NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 5 Commission of the City of Carlsbad as follows: 7 A) That the above recitations are true and correct. o B) That based on the evidence presented at the public hearing, the Planning 9 Commission APPROVES V 06-01 - BURCHFIELD RESIDENCE based on the following findings and subject to the following conditions: 10 Findings: 11 ' 1. That special circumstances apply to the subject property in that the constraints of the lot include an undevelopable coastal bluff, a coastal stringline setback, sloping IT topography, limited availability of a developable flat pad and a substandard lot width of 25 feet. These constraints limit the ability to design a residential structure 14 similar in size to those presently located on the west side of Ocean Street, such that the strict application of the zoning ordinance deprives said property of privileges enjoyed 15 by other property in the vicinity and under the identical zoning classification. 2. That the variance is subject to conditions which will assure that the adjustment(s) thereby , 7 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 18 situated in that the majority of lots on the west side of Ocean Street provides garages or parking structures within the front yard setback due to lot constraints described 19 above. Without the approval of the variance, a significant portion of the level area of the lot would be undevelopable, preventing the applicant from achieving similar lot coverage and square footage enjoyed by other properties located on the west side 21 of Ocean Street. 22 3. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the 23 property is located in that the granting of such variance is not injurious to the surrounding property as the construction of a single-family residence will not adversely impact the surrounding single-family and multi-family neighborhoods. The development is in conformance with all R-3 zoning requirements. 26 4. That the granting of such variance will not adversely affect the comprehensive general plan in that the General Plan Land Use designation for the subject property is 27 Residential High Density (RH), 15-23 dwelling units per acre. The proposed variance would allow the placement of a single-family residence at a density of 14.28 dwelling units per acre, which is below the RH range of 15 - 23 dwelling units per acre. As required by the General Plan the proposed project complies with all the development standards. The density of a project may be approved below the PC RESO NO. 6252 • -2- minimum of the density range when a single, one-family dwelling is being 2 constructed on a legal lot that existed as of October 28, 2004. Therefore the granting of this variance request will not adversely affect the comprehensive general plan. 4 5. That a 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 the granting of a Variance is consistent with and 7 implements the requirements of the Local Coastal Program, and will not have an adverse affect on coastal resources. The Project will maintain building height, and ° lot coverage requirements. Therefore granting such a variance will not adversely affect the Local Coastal Program. 10 Conditions: 11 1. Approval is granted for V 06-01, as shown on Exhibits "A" - "B" dated February 21, 2007 incorporated by reference and on file in the Planning Department. Development 12 shall occur substantially as shown unless otherwise noted in these conditions. This approval is granted subject to the approval of CDP 06-01 and is subject to all 14 conditions, contained in Planning Commission Resolution No. 6251 for those other approvals, incorporated by reference herein. 15 16 NOTICE 17 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." 19 You have 90 days from date of final approval to protest imposition of these fees/exactions. If 20 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 21 ' 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. 23 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 24 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 25 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 otherwise26 .,expired. 27 28 PC RESO NO. 6252 -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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 21st day of February, 2007, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Cardosa, Montgomery and Whitton NOES: Commissioner Segall ABSENT: Commissioners Dominguez and Douglas ABSTAIN: . x—\ \ XL. R, Chairperson PLANNING COMMISSION ATTEST: DON NEU Assistant Planning Director PC RESO NO. 6252 -4-