HomeMy WebLinkAboutAV 89-03; ELLIS PATIO COVER; Admin Decision LetterJuly 19, 1989
Naomi T. Ell i s
2654 Davis Place
Carlsbad, CA 92008
City of Carlsbad
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SUBJECT: ADMINISTRATIVE VARIANCE NO. 89-03 -Request to maintain a patio cover
that is attached to a Single Family Dwelling and encroaches up to
3'-6" into a 6'-6" required interior side yard setback.
Dear Ms. Ellis:
The Planning Di rector has comp 1 eted a review of your application for an
Administrative Variance at 2654 Davis Place. 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:
I. There are exceptional or extraordinary circumstances or conditions
app 1 i cab 1 e to the property or to the intended use that do not app 1 y
generally to the other property or class of use in the same vicinity and
zone because of the irregular configuration of this lot on the cul de sac
street {Davis Place) and the placement of the existing dwelling unit
twenty-nine feet from Davis Place.
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
of the placement and length of the existing structure. Placement of the
structure fifteen feet from the interior property line and twenty-nine feet
from the street side property line, in addition to the length of the
structure minimizes the use of a side and rear yard. Orientation of the
structure to face Davis Place has placed the functional rear yard on the
interior side of the property.
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 patio cover is open
on all three sides and 50% open on the roof and will not significantly
reduce light and air to the neighboring property.
2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161
Naomi T. Ell is
July 19, 1989
Page 2
4. The granting of this variance will not adversely affect the comprehensive
General Plan because the patio cover is only 348 square feet and considered
an accessory structure compatible with residential uses in the R-1 Zone.
Conditions:
1. Approval is granted for AV 89-3 as shown on Exhibit 11 A11 , dated June 20,
1988, on file in the Planning Department and incorporated herein by
reference.
2. The applicant must obtain a building pemit and bring the patio cover into
compliance with all other codes and requirements.
You have the right to appeal this decision to the Planning Commission within ten
days upon receipt of this letter. If you have any questions regarding this
matter feel free to call this office at 438-1161.
Sincerely,
MICHAEL J. HOLZMILLER
Planning Director
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