HomeMy WebLinkAboutAV 89-02; WHITSON REAR YARD SETBACK; Admin Decision LetterCity of Carlsbad _,,ao;;;u.1-24-iUii,h§bl
May 5, 1989
Dana and Kent Whitson
5051 Shore Drive
Carlsbad, CA 92008
SUBJECT: ADMINISTRATIVE VARIANCE NO. 89-2 -Request for the construction of
an open exterior stairway that would encroach up to 3-1/2 feet into
an existing 6-1/2 foot wide rear yard setback.
Dear Mr. & Mrs. Whitson:
The Planning Director has ,•completed a review of your application for an
Administrative Variance at 5051 Shore Drive. After careful consideration of the
circumstances surrounding this request, the Planning Director 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 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 the 1 ot is substandard in area and the location of the
existing structure on the lot causes it to have a legally nonconforming
rear yard setback abutting a cul-de-sac not another residence.
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
the size of the existing lot and location of the existing building make
it difficult to design the stairway, proposed to meet the access
requirements of the Uniform Building Code, without significantly impairing
the usefulness of the existing open yard 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
and zone in which the property is located because the encroachment of a
3-l/2' wide open exterior stairway measuring less than 32 square feet into
2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161
Dana & Kent Whitson
May 5, 1989
Page 2
a portion of the rear yard setback will be totally screened from view by
an existing fence and dense vegetation and also backs up to a cul-de-sac
not another residence.
4. The granting of this variance will not adversely affect the comprehensive
General Plan because the stairway will provide for an addition to the
existing second story which will not result in a change to the allowable
use, nor will any additional public facilities or services be needed.
Conditions:
I) Approval is granted for AV 89-2, as shown on Exhibit "A", dated March 15,
1988, on file in the Planning Department and incorporated herein by
reference.
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. HOLZM
Planning Director
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