HomeMy WebLinkAboutAV 93-05; Mullen Residence Remodel; Administrative Variance (AV) (8)March 23,1994
Attn: Robert Ardent
Mullen Family Trust
2110 Arroyo Drive
Riverside, CA 92506
SUBJEcrr: ADMINISIRATNE VARIANCE NO. 93-05 - Request for a reduced side yard sehck hm five (5) feet to three (3) feet; a reduced front yard setback from twenty (20)
feettofive(5)feet,andareducedsideyatdse~foraa~~partingspace
fromfirvc(5)feettotwo(2)feetonpropertylocatedat2617OceanStreetin~
Facilities Management Zone 1.
Dear Mr. Ardent:
The Planning Director has completed a review of your application for an Administrative Variance, to allow a reduced side yard setback from five (5) feet to three (3) feet; a reduced front yard
setback from twenty (20) feet to five (5) feet, and a reduced sideyard setback for an uncovered
parking space from five (5) feet to two (2) feet at 2617 Ocean 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.
1. There arc exceptional circumstances and conditions applicable to the property that do not
apply generally to the other property or class of use in the same vicinity and zone because
the buildable portion of the property is substantially constrained by several factors not
found on other lots within this zone. These constraints are as follows:
a) The lot is substandard in size. At 3,500 square feet, the lot is well under the
minimum 7,500 square foot lot size required by the zone.
b) Because the lot is only 25 feet wide, the width of the building is substantially
limited. With 5 foot setbacks required on each side, enough space would remain for
only a 15 foot wide building.
c) Per Policy 7-12 of the Mello Il segment of the Local Coastal Plan, which established
a “stringline” measurement for shoreline development, the building cannot extend any further to the rear of the property.
Overall, the integration of all these constraints limit the buildable area of the lot to no more than 27 percent coverage. The maximum building coverage permitted per the R-3 Zone is 60 percent. The reduced setbacks would allow a 5 percent increase in lot coverage.
A variance is also being requested in order to permit the open parking space to encroach
into the side yard setback. Section 21.M.O50(a)(l)(C) of the Zoning Ordinance states that
when the required parking for a one-family structure (two spaces required, one of which
2075 Las Palmas Drive - Carlsbad. California 92009-1576 (619) 438-1 161 @
Mullen Family Trust
March 23, 1994
Pane 2
AV 93-05
must be covered) is not provided in a covered garage, the space must be at least 200 square feet in area and situated so that it may later be covered by a garage. If this space were later
covered by a garage, the garage would encroach into the side yard setback. The most
narrow width that could be achieved per standard for a garage on this property is 20 feet,
measured from interior wall to interior wall. Exceptional circumstances exist because a 20 foot wide garage could not be placed on a 25 foot wide property without encroaching into the side yard setback.
2. The requested variance is necessary for the presexvation and enjoyment of a substantial
property right possessed by other propew in the same vicinity and zone but which is denied to the property in question because similar variances have been granted in the area. Since
1957, over 20 variances have been granted for reduced side and front yard setbacks on the
west side of Ocean Street. These variances have established a precedent for substandard
lots west of Ocean Street.
3. The granting of this variance will 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 similar reduced standards in the past have not been injurious to the
neighborhood and the proposed remodel is consistent in size and character with other Ocean
front buildings in the area.
4. The granting of this variance will not adversely affect the comprehensive General Plan
because no use change is being proposed and all requested modifications are proposed for
only one lot.
1. Approval is granted for AV 93-05, as shown on Exhiiits "A" - "(7, dated March 23, 1994,
incorporated by reference and on file in the Planning Department. Development shall occur
substantially as shown unless otherwise noted in these conditions.
2. Prior to the issuance of building permit, a five foot deep section of property shall be
dedicated by the owner along the frontage on Ocean Street, based on a centerline to right-
of-way width of twenty-five feet and in conformance with City of Carkbad standards.
3. Plans, specifications,' and supporting documents for all public improvements shall be prepared to the satisfaction of the City Engineer. Prior to issuance of building permit and
in accordance with City Standards, the applicant shall instal, or agree to install and secure with appropriate security as provided by law, improvements shown on the site plan and full
1/2 width street improvements including paving, curb, gutter, sidewak, street lights, and
stom drain facilities along the project frontage on Ocean Street. Improvements shall be in
accordance with City standards.
3. The garage door will be limited to a roll-up model, as the operation of the door cannot
encroach into the public right-of-way.
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Mullen Family Trust
March 23, 1994
Pave 3
AV 93-05
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 2075 Las Palmas Drive in Carlsbad, along with a payment of $120.00. 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 David Rick at (619) 438-1161, extension 4328.
GWDR:h
c: Bob Wojcik Ken Quon Bobbie Hoder
Adrienne Landers Don Rideout Data Entry
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