Loading...
HomeMy WebLinkAboutAV 94-07; Shell Oil Company; Administrative Variance (AV)January 5, 1995 Susan Tague Tait & Associates 3665 Ruffin Road, Suite 230 San Diego, CA 92 123 SUBJECT: ADMINI!S"RATIVE VARIANCE NO. 94-07 - Request to allow two reduced planter areas from 6 feet to 4-5 feet in width on property located at 1145 Carlsbad Village Drive. Dear Ms. Tague: The Planning Director has completed a review of your application for an Administrative Variance, to allow reduced planter areas from 6 feet to 4-5 feet in width at 1145 Carlsbad Village Drive. After careful consideration of the circumstances surrounding this request, the Planning Director has determined that the four fmdings required for granting an Administrative Variance CAN be made and, therefore, APPROVES this request based on the following fmdings. 1. The following are exceptional circumstances applicable to the property that do not apply generally to other properties in the same vicinity and zone: The lot's unusual triangular shape and existing topography of the site dictated the location of the existing structure. As proposed, the subject project contains approximately 11% more perimeter landscaping than would be provided by simply constructing 6-fod wide perimeter planters around the site. The existing planter area adjacent to Pi0 pic0 Drive is 4' wide. This 4' foot wide planter area, with an existing queuing isle into a service bay, is an existing condition. The applicant is not proposing to add onto or remove any portion of the existing building. In order to achieve a 6 foot wide planter in this area, either a portion of the existing building would have to be removed or a substandard vehicle lane and turning radius would have to be approved. Because of the existing building design, demolition of any portion of the east side of the existing building would result in the demolition of the structure. The proposed remodel would be economically infeasible if the applicant were required to demolish and recoILstNct the building to provide 1-2 feet of additional perimeter landscaping. Given the proposal is only to remodel the existing structure, the requirement to 2075 Las Palmas Drive - Carlsbad. California 92009-1 576 - (61 9) 438-1 161 @ AV 94-07 - SHELL OIL JANUARY 5, 1995 PAGE 2 demolish and reconstruct the building would be burdensome. The other altemative would require the reduction in the size of the vehicle lane and turning radius at the entrance to the car wash. The reduced vehicle lane width and turning radius would be below the City standards and would be a health and safety concern and therefore could not be supported by Staff. D) The existing planter area adjacent to Carlsbad Village Drive is 4' wide. The current vehicle lane at the fuel pump is 14.5 feet wide in this area which is already below the 15 foot minimum vehicle lane standard of Shell Oil. The City does not have a standard for vehicle lanes for gas stations. The fuel pumps are existing and are not proposed for relocation as part of the proposed project. Shell Oil already experiences customers hitting the curb with the existing 14.5 foot wide vehicle lane which is evidenced by a number of tire scuff marks on the curb. There is a topographic change which complicates access into this vehicle lane as entered from east bound Carlsbad Village Drive. A decrease in the width of the vehicle he will increase the difficulty of customers attempting to use the fuel pumps and may create a safety problem. Finally, due to the removal of the fuel pumps on Pi0 Pico Drive, the applicant anticipated the increase in use of this vehicle lane which may. expose more customers to the narrowed travel lane. 2. The requested variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and zone. With a few exceptions, other properties in the area have the common rectangular shape found in most areas of the City. Due to the Freeway right-of-way and the curvature of Pi0 Pico Drive at this location, the site is triangular in shape. The typical rectangular shape of most lots enable the owners to construct and retrofit their buildings without the same complications as the lot under review. 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 the proposed project's lack of a 6 foot wide planter area at these two locations is entirely offset by the remodeled structure with upgraded architectural treatments, increased landscaping, reduced signage on the site, improved circulation on the site, and the removal of the fuel pump and canopy on Pi0 Pic0 Drive. 4. The granting of this variance will not adversely affect the comprehensive General Plan. The General Plan is a Citywide plan which guides the City's growth and land uses into the future through a series of goals, objectives, and policy statements. A variation to zoning standards on a single commercial lot is insignificant in relationship to the development of the City. The reduced planter areas would not be inconsistent with any of the Elements of the Carlsbad General Plan. This decision may be appealed by you or any member of the public to the Planning commission within ten days of receipt of this letta. Appeals must be submitted in writing to the Planning Commission at 2075 Las Palmas Drive in Carlsbad, along with a payment of $490.00. The filing of such appeal within such time limit shall stay the effective date of the order of the Planning I AV 9447 - SHELL OIL JANUARY 5,1995 PAGE 3 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 Terri Woods at (619) 438-1161, extension 4447. MRY E.- WAYNE' Assistant Planning Director C: Michael J. Holzmiller Bob Wojcik Bobbie Hoder Ken @on Data Entry File Copy