HomeMy WebLinkAboutAV 85-05; PRENDERGAST PATIO COVER; Admin Decision LetterDEVELOPMENT AL
SERVICES
LAND USE PLANNING OFFICE
,J_uly 17, 1985
Frank Prendergast
3624 Haverhill Street
Carlsbad, CA 92008
Citp of Carlsbab
1200 ELM AVENUE
CARLSBAD, CA 92008-1989
(619) 438-5591
SUBJECT: Administrative variance No. 85-5 -This is a request
to allow (existing) patio covers and lattice awnings
in the required rear and side yard setbacks. (This
project was constructed without building permits).
Dear Mr. Prendergast:
The Land use Planning Manager has completed a review of your
application for an adwinistrative variance at 3624 Haverhill.
After careful consideration of the circumstances surrounding this
request, the Land use Planning Manager has determined that the
three findings required for granting an administrative variance
cannot be made and, therefore, denies this request based on the
following findings and conditions.
Findings:
1. There are not 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 all of the lots
in this vicinity have the same back and side yard setbacks.
The lot sizes are equal. In addition, there is room to
construct patio extensions without building within the
setback area.
2. The requested variance is not 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 others in the
area have complied with the setback requirements.
July 17, 1985
Page TWO
3. The granting of this variance will be materially detrimental
to the public welfare or injurious to the property or
improvements in the vicinty and zone in which the property is
located because it would create an undesirable precedent for
this whole area; other homeowners would want the same
privilege.
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 feel free to call this
office.
CITY OF CARLSBAD
MICHAEL J. HOLZMILLER
Land Use Planning Manager
MJH:LF:ad