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HomeMy WebLinkAboutAV 01-07; Bristol Cove; Administrative Variance (AV)4 City of Carlsbad April 1,2002 e Leo A. Fitzsimon Associates 6850 Shearwaters Drive Carlsbad, Ca 92009 SUBJECT: AV 01-07 - BRISTOL COVE The Planning Director has completed a review of your application for an Administrative Variance, AV 01-07 - Bristol Cove located along the Southwest side of Cove Drive, AP#207-150-13. 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 of the lot configuration and existing topography. The lot is configured so that it is approximately 48 feet wide at the front property line and 103 feet wide at the rear property line. The existing topography at the widest or rear portion of the lot consists of an uphill manufactured slope with a gradient over forty percent and is undevelopable pursuant to the City’s Hillside Ordinance. This rear slope area reduces the overall developable pad by approximately 30% leaving a net developable area smaller in size then the typical lot within the subject’s development. The combination of the lot configuration and existing undevelopable topography restricts any development to occur near the front of the property. In addition, the net build-able pad area is only 26 feet in depth along the northern boundary line which includes the maximum hillside slope encroachment of six feet. Therefore, the steep terrain forces the two unit structure forward toward the front property line thereby reducing the front yard setback from 20 feet to 11.6 feet and increases the rear setback to over three times greater than the required 8 foot setback. Since the underlying General Plan designation for the R-W Zone is residential high density (RH) on lots that are less than 7,500 square feet, a reduced fiont yard setback is permitted by the R-W Zone to enable higher density development. The application of the more stringent setback standards required by the Planned Development Ordinance to the already constrained lot is an exceptional circumstance. 2. The requested variance IS necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question because other surrounding properties along Cove Drive and Park Drive have been approved with front yard setbacks which are less than the required 20 feet. 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 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us a9 AV 01-07 - BRISTOL COVE April 1,2002 Page 2 impact public health or safety in that motorists traveling along the street frontage will continue to have good visibility of pedestrians and vehicular traffic. 4. The granting of this variance WILL NOT adversely affect the comprehensive General Plan because the two-unit condominium is consistent with the Residential High (RH) General Plan land use/density designation and the Residential Waterway (R-W) implementing zone. Conditions: 1. Approval is granted for AV 01-07 - BRISTOL COVE as shown on Exhibits “A”, dated April 1, 2002, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. 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 Count) 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 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 or 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. 3. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 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 $495.00. 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. sy* ARY .WAYNE Assist& Planning Director C: Jeremy Riddle Chris DeCerbo Data Entry File Copy GF:cs