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HomeMy WebLinkAboutAV 95-06; Lagoon Waterfront LLC Condo; Administrative Variance (AV)January 15, 1996 Mr. Don Jack, Lagoon Waterfront LLC P.O. Box 2198 Carlsbad, CA 92018 SUBJECT: AV 95-06 - REQUEST FOR REDUCED FRONT YARD SETBACK TO THE PLANNED DEVELOPMENT ORDINANCE STANDARD Dear Don: Subsequent to the issuance of our letter denying Administrative Variance, AV 95-06, at 4571 and 4575 Cove Drive, it has come to staffs attention that a precedent has been established regarding the conversion to separate ownership of projects with 10 foot front yard setbacks in the R-W Zone. Based on this evidence, the Planning Director has . determined that the four findings required for granting an Administrative Variance can be made and, therefore, rescinds the previous project denial and approves this request based on the following findings and conditions. 1 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 of the existing lot configuration. The lot is configured so that is approximately 80’ wide at the front property line and 36’ wide at the rear property line resulting in a structure that is 58’ wide along the front elevation and 34’ wide along the rear elevation. Therefore, the reduced lot width within the rear half of the lot forces the two unit structure forward toward the front property line thereby reducing the front yard setback to 10’ and increasing the rear setback to three times greater than the required 8’ setback. Since the underlying General Plan designation for the R-W Zone is residential high density (RH) on lots that are less than 7,500 square feet, reduced front (10’) and side yard (4’) setbacks are permitted by the R-W Zone to enable higher density development. The application of the more stringent setback standards required by the Planned Development Ordinance to the already constrained lot is an exceptional circumstance. 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 condominiumized properties along Cove Drive have been approved with front yard setbacks whjch are less than the required 20’. 2075 Las Palmas Drive - Carlsbad, California 92009-1576 - (61 9) 438-1 161 @ c .* AV 95-06 - REQUEST FOR REDUCED FROM YEAR SETBACK JANUARY 15, 1996 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 project meets or exceeds all of the development standards required by the Planned Development Ordinance and the , underlying R-W Zone except the reduced front yard setback. 4. The granting of this variance will not adversely affect the comprehensive General Plan because the two-unit condominium is consistent with the Residential High (RH) General Plan land use/density designation and the Residential Waterway (R- W) implementing zone. 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 $490. 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 Anne Hysong at (619) 438-1 161, extension 4477. i CITY CARLSBAD Assidtant Planrhg Director GEW:AH:kc C: Chris DeCerbo Bobbie Hoder Don Rideout Mike Shirey Data Entry File Copy Robert & Diane Richards Lindsay Management Services