HomeMy WebLinkAboutAV 98-06; Carlsbad Ranch Corporate Center; Administrative Variance (AV)~ City of Carlsbad
July 28, 1998
David Meyer
DCM Properties, Inc.
61 9 S. Vulcan Ave., #I 02
Encinitas, CA 92024
SUBJECT: AV 98-06 - CARLSBAD RANCH CORPORATE CENTER - LOT 15
The Planning Director has completed a review of your application for an
Administrative Variance, AV 98-06 to reduce the 35 foot rear yard landscape
setback for property at the northeast corner of Armada Drive and Fleet Street north
of Palomar Airport Road. 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 because of the unusual
configuration of the lot which is also subject to a 35 foot wide building and
landscape setback along the easterly property line. The width of the setback
was established in the Carlsbad Ranch Specific Plan (SP 207(A)) to provide
screening for LEGO Drive and LEGOLAND from the adjacent business park.
A 35 foot landscape easement coinciding with the building and landscape
setback was granted to LEGO along the easterly property line of Lots 9, IO,
1 1 , 1 4 and the subject Lot 1 5.
Due to the unique shape of Lot 15 and its close proximity to LEGO Drive, a
uniform 35 foot landscape easement along the back of this lot will not
provide adequate screening as intended. Left alone, a portion of LEGO Drive,
LEGOLAND and its parking lot will be visible from Armada Drive by both
vehicular traffic and pedestrian traffic as well as any future development on
Lot 15.
LEGO and the Lot 15 property owner have worked cooperatively to
reconfigure the landscape easement to provide a configuration that provides
2075 La Palmas Dr. Carlsbad, CA 92009-1576 (760) 438-1 161 - FAX (760) 438-0894 @
AV 98-06 - CARLSBAD LNCH CORPORATE CENTER - LOT j
JULY 28,1998
PAGE 2
the originally intended screening and improve the site layout potential for Lot
15.
The length of the rear property line is 938 feet. With the new landscape
easement configuration only 366 feet (39%) of the rear property line has a
setback of less than 35 feet, while 572 feet (61 YO) has a setback of greater
than 35 feet. The minimum easement width is 12 feet and the maximum
width is 64 feet. The minimum landscape setback proposed is 14 feet. The
alignment of LEGO Drive moves to the east in the area of the proposed
landscape setback reduction providing an adequate area to plant landscape
material to screen views from LEGO Drive and LEGOLAND to the adjacent
business park.
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 Lots 9, IO,
1 1 and 14 enjoy full screening from LEGO Drive and LEGOLAND and vice
versa. Without this variance Lot 15 and LEGOLAND will be unequally
burdened by inadequate screening in the subject area as demonstrated on the
attached easement exhibit and a site design which complies with other city
standards dealing with access and circulation could not be achieved.
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 all impacts from this variance
are borne solely between the subject lot and LEGOLAND, who have
cooperatively worked to reconfigure the landscape easement to their mutual
benefit. The result of this variance will be to provide the screening originally
contemplated by the Carlsbad Ranch Specific Plan for this area and provide
for the development of Lot 15 which is constrained by its unusual
configuration and the application of the 35 foot rear yard landscape setback.
4. The granting of this variance will not adversely affect the comprehensive
General Plan because it is limited to a landscape setback requirement of the
Carlsbad Ranch Specific Plan for which this is the last remaining lot within
Planning Area 2 that is subject to a 35 foot rear yard landscape setback.
Conditions:
1. Staff is authorized and directed to make, or require the Developer to make,
all corrections and modifications to the administrative variance documents,
as necessary to make them internally consistent and in conformity with the
final action on the project. Development shall occur substantially as shown
,- 1
AV 98-06 - CARLSBAD WCH CORPORATE CENTER - LOT 1 J
JULY 28,1998
PAGE 3
on the approved Exhibits. Any proposed development different from this
approval, shall require an amendment to this approval.
2. Approval of AV 98-06 is granted subject to the approval of SDP 98-1 1 and
CDP 98-44. AV 98-06 is subject to all conditions contained in the approving
resolutions for SDP 98-1 1 and CDP 98-44.
3. This approval shall become null and void if building permits are not issued for
this project within 24 months from the date of approval for SDP 98-1 1 and
CDP 98-44.
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 $400.00. 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 Don Neu at (760) 438-1 161 , extension 4446.
CITY OF CARLSBAD
GAR~E. WAY~E
Assistant Planning Director
GEW:DN:mh
C: Bobbie Hoder
Mike Shirey
Data Entry
File Copy
LOT 15 ORIGINAL VS. REVISED EASEMENT