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Home My WebLink AboutAV 00-02; La Costa Downs Lot 9; Administrative Variance (AV) (2)A City of Carlsbad July 20, 2000 Chris Salem Suite 4 904 West San Marcos Boulevard San Marcos, Ca 92069 SUBJECT: LA COSTA DOWNS, LOT 9 - ADMINISTRATIVE VARIANCE AV 00-02 The Planning Director has completed a review of your application for an Administrative Variance, La Costa Downs, Lot 9 - Administrative Variance AV 00- 02 at 6503 Surfside Lane. After careful consideration of the circumstances surrounding this request, the Planning Director has determined that the four findings required for granting an Administrative Variance can be made and therefore, APPROVES this request based on the following findings and conditions. Findings: 1. There ARE exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and zone because when street improvement plans for this subdivision were developed, dedication of land was required of the property owner for construction of a cul-de-sac. The dedication of this additional land resulted in an unusual lot shape and size which reduced the net buildable area. The resulting lot area does not allow for the development of a dwelling unit which is comparable in size and shape with other dwelling units on surrounding non-constrained lots. Typical lots within the subdivision contain at least 4,800 square feet, whereas the applicant's lot area is only 3,498 square feet. The applicant's lot has an average depth of 65.3 feet, (73 foot north property line and 56 foot south property line) whereas a typical lot within the subdivision has an average lot depth of 80 feet. When combining the constrained lot depth with the front setback requirement of 20 feet, and rear setback of 15 feet, the resulting average depth for buildable area is only 29.5 feet as compared to 45 feet for a typical lot. This constrained lot depth justifies the request for the 5 foot reduction of the required front setback from 20 to 15 feet. 1635 Faraday Avenue * Carlsbad, CA 92008-7314 (760) 602-4600 - FAX (760) 602-8559 @ AV 00-02 - LA COSTA JJ~WNS, LOT 9 July 20,2000 Page 2 2. The requested variance IS 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 surrounding properties have unconstrained lots which allow for development of reasonably sized homes consistent with the R-I zone. Furthermore, administrative variances granting setback reductions have been approved for other similarly constrained lots located at the end of cul-de-sacs within this subdivision. 3. The granting of this variance WOULD NOT be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the property is located because the encroachment within the front yard setback does not limit visibility and would not impact public health or safety in that motorists traveling along the street frontage will continue to have good visibility of pedestrians and vehicular traffic. Additionally, because the project site is located on a cul-de-sac, the building will be located farther back from the street centerline than other homes fronting the street, even with the reduced front yard setback. Since the subject property's home would fall behind the "string line'' of homes fronting the street, the overall effects of the reduced front setback would be minimized. 4. The granting of this variance WILL NOT adversely affect the comprehensive General Plan because the variance is based on unique circumstances involving only the subject property. Therefore, the variance would not uniformly affect the properties of Carlsbad and subsequently the General Plan. Conditions: 1. All development, including improvements shown on future building permit submittals, shall be to the satisfaction of the Planning Director and shall be in substantial conformance with Exhibits "A-D" dated May 23, 2000 incorporated herein by reference and on file in the Planning Department. 2. Approval of AV 00-02 is granted subject to the approval of CDP 00-06. CDP 00-06 is subject to all conditions contained in AV 00-02 for the Administrative Variance. 3. A roll-up type garage door shall be utilized for the project. 4. Prior to the issuance of the building permit, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued an Administrative AV 00-02 - LA COSTA LdWNS, LOT 9 July 20,2000 Page 3 Variance on the property owned by the Developer. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions of restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 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 $1 20.00. The filing of such appeal within such time limit shall stay the effective date of the order of the Planning Director 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 Greg Fisher at (760) 602-4629. CITY OF CARLSBAD GAR~E. WAYNE' Assistant Planning Director GEW:GF:cs C: Bobbie Hoder Mike Grim Kathy Farmer Data Entry File Copy * City of I Carlsbad 0 m-0, April 26, 2000 Chris Salem Suite 4 904 West San Marcos Boulevard San Marcos Ca 92069 SUBJECT: La Costa Downs, Lot 9 - Administrative Variance AV 00-02 Before the Planning Director can make a decision on your application, the City must perform public noticing as required in Section 65091 of the California Government Code. The required noticing materials must be received by May 15, 2000. If the materials are not received by this date, processing of your application will be delayed. Furthermore, your application could expire if noticing is not performed within the time limits allotted under the Permit Streamlining Act. Please submit the following information needed for noticing and sign the enclosed form: 1. Owners List - a typewritten list of names and addresses of all property owners within a 300 foot radius of the subject property, including the applicant and owner. The list shall include the San Diego County Assessor's parcel number from the latest equalized assessor's rolls. 2. Mailing Labels - two (2) separate sets of mailing labels of the property owners within a 300 foot radius of the subject property. The list must be typed in all CAPITAL LETTERS, left justified and void of all punctuation. For any address other than a single family residence, an apartment or suite number must be included but the Apt. #, Suite # and Bldg. # must NOT appear in the street address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. DO NOT provide addressed envelopes - PROVIDE LABELS ONLY. Acceptable fonts are: Arial 11 pt, Arial Rounded MT Bold 9 pt, Courier 14 pt, Courier New 11 pt, MS Line Draw 11 pt. Sample labels are as follows: UNACCEPTABLE UNACCEPTABLE ACCEPTABLE Mrs. Jane Smith Mrs. Jane Smith MRS JANE SMITH 123 Magnolia Ave., Apt. #3 123 Magnolia Ave. APT 3 Carlsbad, CA 92008 Apt. #3 123 MAGNOLIA AVE Carlsbad, CA 92008 CARLSBAD CA 92008 3. Radius Map - a map to scale not less than 1 " = 200' showing all lots completely and partially within 300 feet of the exterior boundaries of the subject property. 1635 Faraday Avenue * Carlsbad, CA 92008-7314 - (760) 602-4600 FAX (760) 602-8559 @ AV 00-02 - LA COSTA DOWNS, LOT 9 I April 26,2000 Page 2 Each of these lots shall be consecutively numbered and correspond with the property owners list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. 4. Fee - a fee shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate times the total number of labels. Cash check (payable to the City of Carlsbad) and credit cards are accepted. Sincerely, Assistant Planner GF:cs Attachment ,”. ? I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR’S ROLES. APPLICATION NUMBER AND NAME APPLICANT OR APPLICANT’S REPRESENTATIVE BY DATE RECEIVED BY DATE