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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