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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