HomeMy WebLinkAboutAV 85-10; LARY BREITBARTH LOT SPLIT; Admin Decision LetterDEVELOPMENTAL
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LANO USE PLANNING OFFICE
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Mr. Lary w. Breitbarth·
1420 Macadamia
Fallbrook, California 92028
1200 ELM AVENUE
CARLSBAD, CA. 92008-1989
(819) 438-5591
Subject: Administrative Variance No. 85-10 -Request to reduce
a front yard setback from 20 feet to 10 feet on a lot
located on the west side of Pio Pico Drive south of Las
Flores Drive.
Dear Mr. Breitbarth:
The Planning Department has completed a review of your
application for an Administrative Variance on a lot located as
described above. 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:
Findings:
1) There are exceptional or extraordinary circumstances or
conditions applicable to the property or to the intended
use that do not apply generally to other property or class
of use in the same vicinity and zone, because when the lot
was originally approved for a site development plan, the
frontage along Pio Pico was considered a side yard.
Therefore, a 10 foot setback was required and since a
building has already been constructed, it is difficult to
meet the 20 foot front yard setback.
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 other buildings along
the west side of Pio Pico have setbacks that range from 10
feet-to ·15 feet and since the building is already 10 feet
from the property line it would be consistent with the
area.
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 building and
improvements are already there.
Mr. Lary Breitbarth
November 19, 1985
Page Two
4) The granting of this variance will not adversely affect the
comprehensive General Plan by setting an undesirable
precedent because no change in the land use designation for
the site is required.
Manager
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