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HomeMy WebLinkAboutAV 10-03; Rozek Renovation; Administrative Variance (AV)Am'V CARLSBAD CITY OF:ARL< Planning Division March 1, 2011 www.carlsbadca.gov Sam Wright 2911 State Street, Suite N Carlsbad, CA 92008 SUBJECT: AV 10-03 - ROZEK RENOVATION The Planning Director has completed a review of your request for an Administrative Variance, AV 10-03 located at 2677 Garfield Street. The administrative variance consists of a reduction in the front yard setback from 20 feet to 15 feet to allow for a 60 square foot free-standing open lattice trellis to extend to the 15' setback line. After careful consideration of the circumstances surrounding this request, the Planning Director has determined that the 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 in that: a) The subject property has a substandard lot area (3,498 sq. ft.) which is significantly less than the minimum 7,500 square foot lot size required by the R-3 zone. The substandard lot size will not allow for the development of a comparably sized dwelling unit and/or typical accessory residential structures as other R-3 zoned properties which satisfy the minimum 7,500 square foot lot area; b) Other properties wjthin the immediate neighborhood with similar 3,500 square foot lot areas have been granted reduced front yard setbacks to 5' for both non- habitable and habitable structures. The proposed free-standing open lattice trellis at 15' would be less than the 5' front yard setback variance requests granted in the same zone and vicinity; and c) The existing residential structure located at the project site^ was originally constructed with a 15' front yard setback and is legally non-conforming. The proposed free-standing open lattice trellis will not exceed this 15' front yard setback of the existing non-conforming building. The proposed free-standing open lattice trellis will comply with all other required setbacks (interior side and rear) as well as all building code requirements. 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 similar sized properties in the same vicinity and zone were originally built with reduced front yard setbacks and/or have been granted variances for front yard setback reductions for non-habitable structures. The proposed front yard setback reduction for the proposed open lattice trellis (a non- habitable structure) will not encroach further than the existing nonconforming structures or other non-habitable structures approved by a variance within the same vicinity and zone. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © AV 10-03 - ROZEK RENOVATION March 1,2011 PAGE 2 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 a 5' reduction in the front yard setback (20' to 15') for a decorative free-standing open lattice trellis would not limit site distance visibility or harm the health, safety, and general welfare of passing pedestrians and motorists. The neighborhood has been historically developed with comparable reduced front yard setbacks and similar encroachments have been present for some time without creating traffic safety issues. 4. The granting of this variance WILL NOT adversely affect the comprehensive General Plan because: a) The proposed free-standing open lattice trellis is consistent with the Residential Medium High Density (RMH) Land Use designation in that the accessory trellis use is a permitted use in the R-3 zone and no traffic safety impacts will result from the development of the proposed trellis; b) The 5' reduction in the required front yard setback (from 20' to 15') for the proposed decorative open lattice trellis will enhance the beach cottage bungalow architectural design of the existing residential home (and proposed addition currently under review through CDP 10-27) and will help create an aesthetically pleasing street scene and distinctive sense of place and identity for the beach neighborhood (Overall Land Use Objective B.1/ Implementation Policies and Action Programs C.6); and c) Locating a usable shade structure 5' into the 20' front yard setback can encourage social interaction with other neighbors as well as the surveillance of the community park (Magee Park) east of Garfield Street, thereby promoting a sense of safety for residents including children, the disabled and the elderly to travel to and from the park (Residential Goal A.2). 5. That the variance is consistent with and implements the requirements of the certified local coastal program and that the variance does not reduce or in any manner adversely affect the protection of coastal resources as specified in the zones included in this title, and that the variance implements the purposes of zones adopted to implement the local coastal program land use plan in that no agricultural uses currently exist on the previously developed site, and the property is not within the Coastal Agricultural Overlay Zone that would require mitigation for conversion to urban uses. There are no sensitive coastal resources on the previously developed site. The proposed improvements are not located in an area of known geologic instability or flood hazard. No public opportunities for coastal shoreline access are available from the subject site and no public access requirements are conditioned for the project since it is not located between the first public road and the ocean. The residentially designated site is not suited for water-oriented recreation activities and the development of a decorative free standing open-lattice trellis will not further obstruct views of the coastline as seen from public lands or the public right of way, nor otherwise damage the visual beauty of the coastal zone. 6. That the Planning Director 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)"Minor Alterations in Land Use Limitation," Minor lot line adjustments, side yard, and set back variances not resulting in the creation of any new parcel, of the state CEQA Guidelines. In making this AV 10-03 - ROZEK RENOVATION March 1, 2011 PAGE 3 determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. Conditions: 1. Approval is granted for AV 10-03 as shown on CDP 10-27/AV 10-03 Exhibits "A"-"H," dated March 1, 2011, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 3. , 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 specially provided herein. 4. Prior to the issuance of the building permit for CDP 10-27, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is 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. 5. This approval is granted subject to the approval of CDP 10-27, is subject to all conditions contained in the approving resolution for CDP 10-27, and this approval shall expire concurrently with CDP 10-27. 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 $613.00 plus noticing costs. 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 Shelley Glennon at (760) 602-4625. Sincerely, CHRIS DeCERBO Principal Planner . CD:SG:bd Len & Gerry Rozek, 15719 165th Place NE, Woodinville, WA 98072 Don Neu, Planning Director Michele Masterson, Senior Management Analyst Chris DeCerbo, Principal Planner Clyde Wickham, Project Engineer Data Entry/DMS File Copy