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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 File Copy