HomeMy WebLinkAboutV 2017-0006; MCCLENDON PATIO COVER; Admin Decision LetterFebruary 07, 2018
Robert Mcclendon
3211 Azahar Place
Carlsbad, CA 92009
FILE
SUBJECT: V 2017-0006 (DEV2017-0153)-MCCLENDON PATIO COVER
('Cityof
Carlsbad
The City Planner has completed a review of your application for an Administrative Variance, V 2017-0006,
at 3211 Azahar Place. After careful consideration of the circumstances surrounding this request, the City
Planner has determined that the five findings required for granting an Administrative Variance to allow
for a 160 square foot covered patio and outdoor fireplace with chimney to partially encroach into the rear
yard setback-can be made and therefore, APPROVES this request based on the following findings and
conditions.
Findings:
1. That because of special circumstances applicable to the subject property, including size, shape,
topography, location or surroundings, the strict application of the zoning ordinance deprives such
property of privileges enjoyed by other property in the vicinity and under identical zoning
classification in that the subject lot is 0.23 acres and is located on the corner of Azahar Place and
Azahar Court. The topography of the subject lot is predominated by abrupt slopes of
approximately 30 percent incline along both street frontages. The steep perimeter slopes
preclude development in areas that would otherwise be developable on a typical flat corner
lot, and furthermore, have obligated the existing residence to be developed closer to the rear
property line. Development is further constrained onsite by the strict application of the zoning
ordinance that requires an 18' -8" rear yard setback. The remaining developable area, between
the existing residence and the rear yard setback, compromises the lot for future development
and deprives the lot of privileges enjoyed by other properties within the vicinity under identical
zoning classification and similar lot sizes. The granting of the variance will provide relief from
the strict application of the rear yard setback requirements by reducing the setback from 18' -
8" to 7'-6" to allow for a 160 square foot covered patio and outdoor fireplace with chimney to
partially encroach into the rear yard setback.
2. That the variance shall not constitute a grant of special privileges inconsistent with the limitations
upon other properties in the vicinity and zone in which the subject property is located and is
subject to any conditions necessary to assure compliance with this finding in that granting the
variance will allow a covered patio and outdoor fireplace with chimney to be built in a portion
of the rear yard setback. Single-family residences within the surrounding neighborhood and R-
1 zoning designation may construct covered patios and outdoor fireplace with chimneys in the
rear yard.
Community & Economic Development
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov
V 2017-0006 (DEV2017-0153)-MCCLENDON PATIO COVER
February 07, 2018
Page 2
3.
4.
5.
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That the variance doti'!t atthlri,-,,tse or activity which is not otherwise expressly authorized
by the zone regula~ g~iffg th~ subject property in that accessory structures, such as a
covered patio and outdoor fireplace with chimney, are permitted on residentially-zoned
property.
That the variance is consistent with the general purpose and intent of the general plan and any
applicable specific or master plans in that the property is developed with a single-family
residence which is consistent with the existing R-4 Residential General Plan Land Use
designation for the subject site. Furthermore, accessory structures such as a covered patio and
outdoor fireplace with chimney, are commonly found and permitted on lots developed with a
single-family residence.
That the City Planner has determined that the project belongs to a class of projects that the State
Secretary for Resources has found do not have a significant impact on the environment, and it is
therefore categorically exempt from the requirement for the preparation of environmental
documents pursuant to Section 15303 -New Construction of a Small Structure of the state CEQA
Guidelines. In making this determination, the City Planner has found that the exceptions listed in
Section 15300.2 of the state CEQA Guidelines do not apply to this project.
Conditions:
1. Approval is granted for V 2017-0006 as shown on Exhibit "A" -"B", dated February 7, 2018, on
file in the Planning Division and incorporated herein by reference. Development shall occur
substantially as shown unless otherwise notes in these conditions.
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 1635
Faraday Avenue in Carlsbad, along with a payment of $850.00. The filing of such appeal within such time
limit shall stay the effective date of the order of the City Planner 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 Paul Dan
at(760)602-4614.
Sincerely,
TERI DELCAMP
Principal Planner
TD:PD:sc
c: Don Neu, City Planner
Kyrenne Chua, Project Engineer
Data Entry
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