HomeMy WebLinkAboutAV 85-07; DICK SHAFER FRONT YARD SETBACK; Admin Decision LetterDEVELOPMENTAL
SERVICES
LAND USE PLANNING OFFICE
September 30, 1985
Citp of Carlihab
Mr. and Mrs. Dick Shafer
2172 Chestnut Avenue
Carlsbad, California 92008
1200 ELM AVENUE
CARLSBAD, CA 92008-1989
(619) 438-5591
Subject: ADMINISTRATIVE VARIANCE NO. 85-7, REQUEST TO REDUCE A
FRONT YARD SETBACK FROM 20 FEET TO 10 FEET AT 2172
CHESTNUT AVENUE.
The Land Use Planning offiGe has co~pleced a review of your
application for an Administrative variance at 2172 Chestnut
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, .approves
this request based on the following findings and conditions:
Findings:
1) There are exceptional or extraordinary circu~stances
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 an existing slope is located ten feet away
from the existing house -this steps down to Parcel
2. Additionally, there is no public street frontage
for this lot.
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 adjacent properties are being
developed in a similar manner with panhandle lots.
Dick Shafer
September 30, 1985
Page TWO
3) The granting of this variance will not be materially
detrimental to the public welfare or injurious to the
property or improvements in the vicinity or zone in
which the property is located because the residence is
on an interior panhandle lot. The structure on Parcel
2 (created by MS 692) must be built 20 feet away from
the existing house on Parcel 3. (Note: the slope
between Parcel 2 and 3 will, in fact, create a greater
boundary of 40 feet -due to the current 10 foot
setback, 20 foot slope length, and 5 foot required
slope setback.
4) The granting of this variance will not adversely
affect the comprehensive General Plan by setting an
undesirable precedent because of the need for an
improved_ interior street for this area. The total· .
area is being improved and upgraded'. • Tnree ad1acent
projects are sharing costs of str~et improvements.
Conditions:
1) Approval is granted for AV 85-7, as shown on Exhibit
"A", dated September 19, 1985, on file in the Land Use
Planning office and incorporated herein by reference.
2) All conditions of MS-692 are incorporated herein by
reference and shall be complied with in their
entirety.
3) Parcel 3 shall take access from the panhandle off
Seaview Way, until such time as Maria Lane is developed
through CT 81-19. At that time the current access must
be closed off and a new access will be established off
Maria Lane. An agreement letter will be required from
the owner of CT 81-19 granting access to Maria Lane.
4) After Maria Lane opens up the current front yard
variance will become a rear yard variance.
Dick Shafer
September 30, 1985
Page Three
5) Existing garage is located within the ten feet required
side yard. This garage will have to be relocated or
rebuilt ten feet away from the side property line.
6) The applicant will be required to reinstate this garage
as a functional automobile storage building. The
existing garage on Parcel 3 has been converted to a
use other than automobile storage. (Please see
Exhibit "B").
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.
Michael J. Holzmiller
Land use Plannin
By:
De
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LOCATION MAP
SHAFER
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EXHIBIT A
9-23-85
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AV-85-7
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,$XHIBIT "B"
~ •• 10.090--2l.l0.100
21.10.090 Lot coverage. Lot coverage with buildings
and s~ructures shall not exceed forty percent of the lot .
Buildings and structures used for growing or raising plants
or animals are not counted as coverage. (Ord. 9427 §7, 1975:
Ord. 9Q60 §508).
21.10.100 Development standards. No one-family dwell-
ing unit, whether it be conventionally built, modular or a
mobile home, shall be located on a lot in this zone unless
such dwelling unit complies with the following development
standards:
(1) Each dwelling unit shall have a two-car garage,
which is architecturally integrated with and has an exterior
similar to the dwelling unit. Such garage shall have a
minimum dimension of twenty feet square. So /I~,.,,,,,.
(2) All dwelling units shall have a permanent foun-
dation. For mobile homes a foundation system installed
pursuant to Section 18551 of the State Health and Safety
Code shall satisfy the requirements of this section.
(3) Exterior siding materials shall be stucco, masonry,
wood or brick unless an alternative exterior material.i~.
approved by the land use P.lanning manager~ ,The'l'and use
planning manager may.approve a ~iding material other than
those listed in this section _only if he finds that use of
such material is in harmony with other dwelling units in the
neighborhood.
(4) All roofs shall have a pitch of at least three
inches in twenty inches unless another pitch is approved by
the land use planning manager. No roof shall be made of
corrugated, extruded or stamped metal.
(5) All dwelling units shall have a minimum width of
twenty feet. (Ord. 1261 §40) (part), 1983; Ord. 9599 §2(part),
1981).
LAND USE PLANNING OFFICE
ADMINISTRATIVE POLICY
Garage area in the R-1 zone
All garages shall have a m1n1mum dimension of 19 feet
as measured from the interior wall edges of the garage.
APPROVED BY:
Land Use Planning Manager 368-la (Carlsbad 3/8 3}