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Home My WebLink AboutV 2022-0003; MADSEN RESIDENCE - 4113 PARK DRIVE; Admin Decision LetterJune 15, 2022 Matt Madsen 4113 Park Drive Carlsbad, CA92008 8FILE corY ('Cityof Carlsbad SUBJECT: V 2022-0003 & V2022-0004 (DEV 2022-0027) -MADSEN RESIDENCE -4113 PARK DRIVE The City Planner has completed a review of your application for two Minor Variances, V 2022-0003 and V 2022-0004, located at 4113 Park Drive. After careful consideration of the circumstances surrounding the requests, the City Planner has determined that the findings required for granting the Minor Variances to allow a 3'-8"-tall retaining wall and boat parking in the 20'-wide front yard setback of a flag lot can be made and therefore, APPROVES these requests based on the following findings and conditions. Findings: Variance V 2022-0003, Retaining Wall: 1. That because of spedal circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification in that the subject 3'-8" masonry wall is located on a flag shaped lot in which the flag portion of the lot fronts Park Drive. The northern property line shared between the project site and the property directly to the east is considered the front yard for setbacks purposes. This front lot line is the rear lot line of the property directly adjacent to the east. Therefore, the property owners directly to the east would be able to build the same height wall on their side of this property line as it would be considered their rear yard. The subject property is flat where the panhandle portion meets the road but slopes down as you enter the property towards the west. Due to the sloping topography and flag shape of the lot, the retaining wall within the front yard setback is needed to allow for a flat area for the purpose of parking a boat. The properties located adjacent to the east, south, and west are not limited by their topography and lot shape, as their front property lines are adjacent to public roads and have existing flat areas adjacent to the sidewalks. Apart from the lot directly adjacent to the north, which is also a flag lot, the surrounding properties have enough flat areas at the front of their properties for parking. The subject property and adjacent properties are located within the same R-1 zoning classification. Allowance of the 3'-8" retaining wall would provide the same privileges currently enjoyed by properties located on the same street that have allowable walls/fences (approximately six-feet high) built closer to the Park Drive right-of-way than is being proposed under this variance. 2. That the variance shall 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 located and is subject to any conditions necessary to assure compliance with this finding in that the subject 3'-8" masonry Community Development Department Planning Division J 1635 Faraday Avenue Carlsbad, CA 92008-7314 J 442-339-2600 www.carlsbadca.gov V 2022-0003/V2022-0004 (DEV 2022-0027) -MADSEN RESIDENCE -4113 PARK DRIVE June 15, 2022 Pa e 2 retaining wall allows for the subject property to receive the same benefits (e.g. boat and recreational vehicle parking) that other properties are afforded to the south on Park Drive. Due to the sloping topography and flag shape of the lot, the subject property has limited useable flat area near the driveway for boat parking. The retaining wall near the east property line would allow for a flat space to park a boat. Other properties in the vicinity are not limited by topography and lot shape, as they front public streets and have existing flat space for additional parking. Therefore, the approval of this project would not grant special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located. 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property in that the use of the subject property (i.e. single- family home) does not change with the approval of the 3'-8" masonry wall. A single-family home is a permitted use within the R-1 zone. 4. That the variance is consistent with the general purpose and intent of the general plan in that the granting of a variance to allow the subject 3'-8" masonry wall is consistent with the general purpose and intent of the General Plan for the Residential R-4 land use designation, which allows residential uses by right. Variance V 2022-0004, Boat Parking: 5. That parking in, or access to, the side or rear yard will require structural alteration to the existing residence in that requiring the boat to be parked in the side or rear yard (CMC Section 21.44.060 Table E) is not feasible as it would require significant structural alterations to the residence. The dimensions of the boat are 8'-6" wide by 23' long. The existing northerly side yard setback is 11 feet and there are 2-foot eaves encroaching into the setback which further reduce this dimension. The southerly side yard setback measures 23 feet and has 3-foot roof eaves, however the southerly portion of the single-family dwelling is setback approximately 21 feet from the front yard setback, leaving a small turning area. 6. That parking in, or access to, the side or rear yard would require extensive grading to the side or rear yard. It is not feasible to fit the 8'-6"-wide boat in the side yards given the limited space between the existing single-family residence and the property lines or the significant amount of grading that would be required. The southerly side yard slopes down from the east to west and additional grading would be required to create enough space for the boat to turn into the side yard. In addition, while the property also fronts James Drive to the west, there is currently no driveway access from James Drive to the property. Obtaining access to James Drive would require approval from the Engineering Division and additional grading to construct a driveway to the side yard. Therefore, it is not feasible to locate the trailer on either of the side yards without significant structural and/or grading alterations. 7. That parking the boat in the front yard will not interfere with visibility to or from Park Drive in that the subject property's physical characteristics do not create inherent sight distance from the street as the lot is a flag lot and the boat would be parked outside of the flag portion of the lot, adjacent to the rear yard of the property to the east and approximately 347 feet away from Park Drive. Additionally, the boat parking is located on the outside of the flag portion of the lot, away from the private road shared with the property to the north. Therefore, the subject property's existing front V 2022-0003/V2022-0004 (DEV 2022-0027) -MADSEN RESIDENCE -4113 PARK DRIVE June 15, 2022 Pa e 3 yard setback area parallel to the rear yard of the property to the east can adequately accommodate the 8'-6"-wide by 23-foot-long trailer without encroaching into the private street, sidewalk and/or public right-of-way. 8. That the recreational vehicle in the front yard will not interfere with traffic on the street or sidewalk, or encroach into the street and utility right-of-way in that the boat would be parked outside of the flag portion of the lot and will be located approximately 347 feet from the property line abutting the sidewalk and Park Drive. 9. That the City Planner 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 15305(a) of the state CEQA Guidelines -Minor Alterations in Land Use Limitations. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. Conditions: 1. The boat shall be parked parallel to the front yard retaining wall (i.e., adjacent to east property line) and completely within the private property at all times. 2. The boat is not considered a habitable structure when parked on the property and shall not be used in such a manner. 3. V 2022-0004 allows for boat parking only. Other recreational vehicles shall not be parked within the front yard setback unless an amendment to this permit is approved. 4. Approval is granted for V 2022-0003 and V 2022-0004 as shown on Exhibits "A" -"C", dated June 15, 2022, on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 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 $786.00. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner 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 Lauren Yzaguirre at Lauren.Yzaguirre@carlsbadca.gov or (442) 339-2634. Sincerely, CLIFF JONES Principal Planner O:LY:JC c: Don Neu, City Planner Allison Mclaughlin, Project Engineer Data Entry HPRM/File Copy