HomeMy WebLinkAboutAV 85-03; PATRICIA & BERNARD KOUNS SIDEYARD; Admin Decision LetterDEVELOPMENT AL
SERVICES
LAND USE PLANNING OFFICE.
July 31, 1985
Citp of Carls&ab
Patricia & Bennard Kouns
21901 Seacrest Lane
Huntinoton Beach, CA 92646
SUBJECT: Administrative Variance No. 85-3
Dear Mrs. & Mr. Kouns:
1200 ELM AVENUE
CARLSBAD, CA 92008-1989
(619) 438-5591
The Land Use Planning Manager has completed a review of your
application for an administrative variance at 1365 Forest Avenue_
After careful consideration of the circumstances surrounding this
request, the Land Use Planning Manager has determined that the
four findings required for granting an administrative variance
can be made and, therefore, APPBQVES this request based on the
following findings and connitions.
Findincts:
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 this lot is 300
feet in depth and the only way to subdivide it is by
panhandle lots. Due to an existing house the sideyard
setback will be reduced when a 30 foot access easement is
provided to the future panhandle lots.
2. The requested variance is necessary for the preservation and
enjoyment of a substantial property riqht possessed by other
property in the same vicinity and zone but which is denied to
the property in question because the request for a sideyard
setback for an existing residence is in conjunction with
creating 2 additional parcels on this lot and panhandle lots
are the only feasible way to subdivide this 97 1 x 300'
parcel. Many properties in this portion of the City have had
to subdivide into panhandle parcels due to unusually deep
lots. Variances typically are requested for both reduced
front yard widths and sideyard setbacks for panhandle lot
subdivisions. In this instance, the lot width remains
adequate after it is reduced by 30' for the access easement.
The sideyard is reduced by 4.4 feet ..
I
...
July 31, 1985
Page Two
3. The granting of this variance will not be materially
detrimentai to the public welfare or injurious to the
property or improvements in the vicinty and zone in which the
property is located because the reduced sideyard will be
adjacent to the driveway access and this will not have the
appearance of being "crowded" or close to another structure.
In fact, since only 20 feet of the 30' driveway easement is
required to be paved, there will be 12.3 feet of actual
distance from the house to the driveway.
4. The granting of this variance will not adversely affect the
comprehensive General Plan because the zonin~ for this site
is R-1-7500 and the 3 parcels to be created as part of the
future parcel map will be larger than 7500 sq. ft.
Conditions:
1. Approval is granted for AV-85-3, a sideyard setback reduction
as shown on Exhibit 11A 11 , dated July 3, 1985, on file in the
Land Use Planning Office and incorporated herein by
reference. As noted on Exhibit "A" the length of the
panhandle driveway for Parcel 3 shall not exceed 200 feet and
the front yard for Parcel 3 shall he located at the east
property line. The front yard for Parcel 2 shall be located
at the north property line.
2. To utilize this administrative variance, the a.pplicant will
apply for and obtain a Parcel Map from the City of Carlsbad.
3. There shall be a rear yard setback of 10' on Parcel 1. In
addition, there shall be a 10-foot separation between the
buildings on Par~el 1, i.e. the existing house and the
relocated garage.
4. The 20 feet of paving which is required on the 30 foot access
easement shall begin on the east property line and extend 20
feet to the west.
5. The parcel map to be approved subsequently to this
administrative variance shall assure joint access onto Forest
Street by all 3 parcels.
You have the right to appeal this decision to the Planning
Commission within ten days of receipt of this letter. If you
have any questions regarding this matter, please call Nancy
Rollman at this office.
CITY OF CARLSBAD
Planning Manager
MJH:NER:bn
c: W. E. Billings