HomeMy WebLinkAboutAV 03-04; Nassar Residence; Administrative Variance (AV)c
October 13,2004
Sami &Tania Nassar
518 Barsotti Ave
Madera CA 93637
SUBJECT: AV 03-04 - NASSAR RESIDENCE
The Planning Director has completed a review of your application for an Administrative
Vesianm, AV 03-04 at 3917 Garfield Street. 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 as the project site, at 3,520 square feet (40 ft x 88
ft), has the smallest lot area and narrowest lot width of any legal lot in the block bounded
by Pine Avenue, Walnut Avenue, Carlsbad Boulevard, and Garfield Street. Other lots in
the same block are a minimum of 4,400 square feet in lot area and 50 feet in lot width.
The project site is a legally created lot that is nonconforming and considered
substandard due to lot area and lot width. The minimum lot area and lot width in the R-3
zone is 7,500 square feet and 50 feet respectively. As a result of the substandard lot
area and lot width, the maximum buildable envelope for the project site is restricted to
2,112 square feet. The remaining lots in the block have a buildable envelope of at least
2,625 square feet. Given the nonconforming conditions applicable to the project site and
the resultant restrictive buildable envelope, the 4-fOOt reduction in front yard setback is
justified.
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 are
substantially larger in lot area and lot width than the project site and therefore have a
larger buildable envelope than the project site. In addition, other similar administrative
variances for front yard setback reductions have been granted to other similarly
constrained lots in the beach area overlay zone.
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 4-fOOt reduction in the required front yard setback would
not limit visibility or harm the health, safety, and general welfare of passing pedestrians
and motorists. In addition, a 4-foot front yard setback reduction is substantially less than
the existing 1 1-foot front yard reduction of the existing home on the project site.
43 1635 Faraday Avenue Carlsbad, CA 92008-731 4 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us
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AV 03-04 - NASSAR RESIUENCE
October 13,2004
Paqe 2
4. The granting of this variance WILL NOT adversely affect the comprehensive General
Plan because the proposed use is a single-family home and is consistent with the
Residential High Density (RH) land use designation and no circulation impacts will result.
Conditions:
1. This approval is granted subject to the approval of CDP 0336 and is subject to all
conditions contained in Planning Commission Resolution No. 5746 for those other
approvals incorporated herein by reference.
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 Jessica Galloway at (760) 602-4631.
Sincerely,
DON NEU
Assistant Planning Director
DN:JG:bd
C: Susan Russo
Robert and Betty Grubbs
Thomas and Sandi Law
Geoffrey Mountain
Project Engineer
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