HomeMy WebLinkAboutAV 99-01; Day Residence; Administrative Variance (AV). -
City of Carlsbad
4
May 26, 1999 .
Wayne Davis
344 7‘” Avenue
San Diego CA 92101
SUBJECT: AV 99-01 - DAY RESIDENCE
The Planning Director has completed a review of your application for an Administrative
Variance, AV 99-01 at 2479 Ocean Street. This application is a request to reduce the required
front yard setback from 20’ to 15’ on a residentially zoned R-3 lot. 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.
Findiws:
1. There are exceptional or extraordinary circumstances or conditions applicable to the
subject property or to the intended use which do not apply generally to the other property
or uses in the same vicinity and zone. The exceptional conditions applicable to the
subject property are as follows:
A. The subject property is located on a coastal bluff. Pursuant to the Mello 11
segment of the City’s Local Coastal Plan new development fronting the ocean
shall observe at a minimum, an ocean setback based on a stringline method of
measurement. No use (structure, deck, fence or other accessory use) shall be
permitted further seaward than those allowed by a line drawn between like
permitted uses on the adjacent properties to the north and south. Although the
adjacent lots to the north and south are fairly deep, the existing structures on
these lots were built well east of the allowed buildable portion of the lots, thus
reducing the subject properties buildable area.
B. The subject property is constrained due to topographic conditions being located
on the coastal bluff. A large portion of the subject lot contains steep coastal bluffs
which are undevelopable limiting the developable area of the property. While this
condition exists on some other lots in the area (on the beach side of this portion of
Ocean Street), it does not exist generally for other properties in the same zone and
vicinity in that they are not beach front and do not have these topographic
constraints.
C. It should be noted that the subject property is not requesting to locate the building
any further easterly towards the public right-of-way than already currently exists
2075 La Palmas Dr. Carlsbad, CA 92009-1576 (760) 438-1 161 - FAX (760) 438-0894 @
. AV 99-01 - DAY RESIDFYE
May 26, 1999
Page 2
nor will the development encroach any closer to the public right-of-way than the
adjacent properties to the immediate north and south of the subject property.
D. The redevelopment of this property shall require a 5’ dedication for future street
improvements. ,This required dedication further reduces the overall net buildable
area of this property. Other properties on the west side of Ocean Street have
received administrative variance approvals for zero front yard setbacks because of
site topography and the City’s street dedication requirement. The subject property
will however have a front yard setback of 15’ which far exceeds the front yard ‘
setback for most properties which are located along the west side of Ocean Street.
Accordingly, the proposed setback will be compatible with the surrounding
properties within the immediate neighborhood.
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 similar variances for reduced front yard
setbacks have been granted in the area for properties located along the west side of Ocean
Street within the R-3 zone. The variance request for a reduced front yard setback is
compatible with the area and similar variances have been approved establishing a
precedent for bluff top lots located on the west side of Ocean Street.
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 in that the geotechnical study prepared for the site (C.W. La Monte Co.,
January 4, 1999) concludes that the proposed project will not endanger the proposed or
existing surrounding properties or structures, the project’s reduced front yard setback is
compatible with surrounding development, and the project is similar in intensity and scale
to surrounding developments. In addition, granting the variance would not interfere with
emergency access or the circulation of light and air to the property and an adequate buffer
(1 5 feet) between the street and residence will be provided to reduce any potential traffic
safety problems. Similar reduced standards in the past have not been injurious to the
neighborhood and the proposed building is consistent in size and character with other
ocean front buildings in the area.
4. The granting of this variance will not adversely affect the comprehensive General Plan
because the proposed single family residence remains consistent with the underlying land
use designation as well as all other elements of the City’s General Plan. The site is
designated by the General Plan for Residential Medium High Density uses. The use
proposed is a single family residence use which is well within the allowed density range
and is below the growth control point.
Conditions:
1. Approval is granted for AV 99-01, as shown on Exhibits “A-G”, dated May 26, 1999,
incorporated by reference and on file in the Planning Department. Development shall
occur substantially as shown unless otherwise noted in these conditions.
I
AV 99-01 - DAY RESIDF-E .I
May 26, 1999
Page 3
2. The applicant shall agree to dedicate to the City a five foot wide strip of land, running the
length of the property along Ocean Street, prior to the issuance of building permits, shall
be free of all liens and encumbrances.
3. Plans, specifications, and supporting documents for all public improvements shall be
prepared to the satisfaction of the City Engineer. Prior to issuance of building permit and
in accordance with City Standards, the applicant shall install, or agree to install and
secure with appropriate security as provided by law, improvements shown on the site plan
and full ‘/z width street improvements including paving, curb, gutter, sidewalk, street
lights, and storm drain facilities along the project frontage on Ocean Street.
Improvements shall be in accordance with City standards.
4. Approval of AV 99-01 is granted subject to the approval of CDP 99-04. AV 99-01 is
subject to all conditions contained in CDP 99-04 for the Coastal Development Permit.
5. The garage door will be limited to a roll-up model.
6. 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 AV 99-01 on the real 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 or restrictions specified for inclusion in the Notice of Restriction.
The Planning Director has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days ‘from May 26, 1999 to protest imposition of these feedexactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with.this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given
AV 99-01 - DAY RESIDE-E
May 26,1999
Page 4
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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 Greg Fisher at (760) 438-1 161, extension 4328.
CITYAF CARLSBAD 63% GA E.WA E
Assistant Planning Director
GEW:GF:eh
C: Bobbie Hoder
Chris DeCerbo
Michele Masterson
Data Entry
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