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HomeMy WebLinkAboutAV 03-01; Mier Residence; Administrative Variance (AV)r- t City of Carlsbad June 20,2003 Monica Mier P. 0. Box 2923 Lake Arrowhead, CA 92352 SUBJECT: AV 03-01 - Mier’s Residence .The Planning Director has completed a review of your application for an Administrative Variance, AV 03-01 - Mier’s Residence located on the east side of Madison Street, between Chestnut Avenue and Palm Avenue (APN 204-171-16). 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. Findinas: 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 the site is an existing legal lot with a lot width of 25 feet which does not meet the minimum lot width of 50 feet for the R-3 zone. 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 applying the 5 foot side setback requirement of the R-3 zone would result in a maximum building width of only 15 feet which would not allow reasonable use of the property nor would it be adequate for construction of a required two car garage. 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 requested 3 foot side setback meets building code requirements and drainage from the roof can be adequately conveyed within the 3 foot side setback so that it does not discharge onto the neighbor’s property. 4. The granting of this variance will not adversely affect the comprehensive General Plan because the variance is based on the unique circumstances in that the site is a legal, nonconforming lot with regard to lot width and lot area and development of a single- family residence on the lot is permitted by the RM General Plan land use designation and zoning ordinance. Conditions: 1. Approval is granted for AV 03-01 - Mier’s Residence as shown on Exhibits A - B, dated June 20,2003, on file in the Planning Department and incorporated herein by reference. @ 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us k AV 03-01 - Mier’s ResidL. ,Le June 20,2003 Paqe 2 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 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 Variance on the property. 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 . Ir 3. 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. 5. The residence shall be designed in compliance with the Neighborhood Architectural Design Guidelines contained in Council Policy Statement 44. 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 $440.00. 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 Barbara Kennedy at (760) 602-4626. i Sincerely, DON NEU Assistant Planning Director DN:BK:bd C: Gary Barberio. Team Leader David Rick, Project Engineer Data Entry File Copy -4-.