HomeMy WebLinkAboutAV 89-05; BRANDOW SIDE YARD SETBACK; Admin Decision Letter!'
City of Carlsbad
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October 10, 1989
Frederick Engineering, Inc.
390 Oak Avenue, Suite "N"
Carlsbad, CA 92008
SUBJECT: ADMINISTRATIVE VARIANCE NO. 89-5 -BRANDOW -Request to a 11 ow a
single-family dwelling to encroach O' -4" into a required 6' -3"
side yard setback in a R-1 Zone.
Dear Applicant:
The Planning Director has completed a review of your application for an
Administrative Variance at 2803 Wilson Street. After careful consideration of
the circumstances surrounding this request, the Planning Director has determined
that the fouJ 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.
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 location of the existing house prohibits the owner of the property from
subdividing the lot into two separate parcels by use of a panhandle type
lot split. Other similar parcels in the vicinity have subdivided by using
panhandle lots. Modifying the existing house by cutting off approximately
four inches to bring the structure into conformance with the side yard
setback would oe structurally difficult.
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 twenty foot driveway
access portion of the neighboring proposed panhandle lot will be adjacent
2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161
Page 2
to the side yard setback encroachment. Structures are not permitted in
this portion of a panhandle lot, therefore there would be adequate
separation between the house on the subject parcel and structures on the
adjacent lot to the north along Wilson Street.
4. The granting of this variance will not adversely affect the comprehensive
Genera 1 Pl an because an adequate setback between structures wi 11 be
provided and a panhandle type subdivision is an appropriate method of land
division in the R-1 Zone.
Conditions:
1) The required fourteen foot paved driveway in the access portion of
panhandle Lot 2 shall be located a minimum of three feet from the interior
property line that is adjacent to the encroaching dwelling unit on Lot I.
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
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MICHAEL J. HOLZMIL
Planning Director
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c: Erin Letsch Bob Wojcik