HomeMy WebLinkAboutAV 98-08; La Costa Downs; Administrative Variance (AV)FILE c
City of Carlsbad
March 17, 1999
Mr. Brian Ross
361 4 College Blvd., #I 09
Oceanside, CA 92056
SUBJECT: AV 98-08 - Ross Residence
The Planning Director has completed a review of your application for an
Administrative Variance, AV 98-08, Ross Residence at 6506 Surfside Lane. 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
when street improvement plans for this subdivision were developed,
dedication of land was required of the property owner for construction of a
cul-de-sac. The dedication of this additional land resulted in an unusual lot
shape and size which reduced the net buildable area. The resulting lot area
does not allow for the development of a dwelling unit which is comparable in
size and shape with other dwelling units on surrounding non-constrained lots.
Typical lots within the subdivision contain at least 4,800 square feet,
whereas the applicant's lot area is only 3,953 square feet. The applicant's
lot has an average depth of 66.5 feet, (75 foot north property line and 58
foot south property line) whereas a typical lot within the subdivision has an
average lot depth of 80 feet. When combining the constrained lot depth
with the front setback requirement of 20 feet and rear setback of 15 feet,
the resulting average depth for buildable area is only 31.5 feet as compared
to 45 feet for a typical lot. This constrained lot depth justifies the request
for the 5 foot reduction of the required front setback from 20 to 15 feet.
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 but which is denied to the property in question because other
surrounding properties have unconstrained lots which allow for development
of reasonably sized homes consistent with the R-1 zone. Furthermore,
2075 La Palmas Dr. Carlsbad, CA 92009-1576 0 (760) 438-1 161, FAX (760) 438-0894 @
.
AV 98-08 - Ross Residence
March 17,1999
PAGE:!
3.
administrative variances granting setback reductions have been approved for
other similarly constrained lots located at the end of cul-de-sacs within this
subdivision.
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 the encroachment within the
front yard setback does not limit visibility and would not impact public health
or safety in that motorists travelling along the street frontage will continue to
have good visibility of pedestrians and vehicular traffic. Additionally,
because the project site is located on a cul-de-sac, the building will be
located farther back from the street centerline than other homes fronting the
street, even with the reduced front yard setback. Since the subject
property's home would fall behind the "string line" of homes fronting the
street, the overall effects of the reduced front setback would be minimized.
4. The granting of this variance WILL NOT adversely affect the comprehensive
General Plan because the variance is based on unique circumstances
involving only the subject property. Therefore, the variance would not
uniformly affect the properties of Carlsbad and subsequently the General
Plan.
Condltloas; ..
1. All development, including improvements shown on future building permit
submittals, shall be to the satisfaction of the Planning Director and shall be in
substantial conformance with Exhibit "A" dated March 16, 1999 incorporated
herein by reference and on file in the Planning Department.
2. Approval of AV 98-08 is granted subject to the approval of CDP 98-58. CDP
98-58 is subject to all conditions contained in AV 98-08 for the Administrative
Variance.
3. A roll-up type garage door shall be utilized for the project.
4. Prior to the issuance of the building permit, Developer shall submit to the City a
Notice of Restriction to be filed in the office of the County Recorder, subject to
the satisfaction of the Planning Director, notifying all interested parties and
successors in interest that the City of Carlsbad has issued an Administrative
Variance on the property owned by the Developer. Said Notice of Restriction
shall note the property description, location of the file containing complete
project details and all conditions of approval as well as any conditions of
restrictions specified for inclusion in the Notice of Restriction. The Planning
Director has the authority to execute and record an amendment to the notice
. AV 98-08 - Ross Residence
March 17,1999 - which modifies or terminates said notice upon a showing of good cause by the
Developer or successor in interest.
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 Barbara Kennedy at (760) 438-1 161, extension
4325.
CITYPJ CARLSBAD fi
GAR @+ E. WAYN
Assistant Planning Director
GEW:BK:mh
C: Bobbie Hoder
Chris DeCerbo, Team Leader
Michele Masterson, Project Engineer
Data Entry
File Copy