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HomeMy WebLinkAboutAV 09-01; ROCKLEDGE MODEL HOME; Admin Decision Letter• • FILE COPY lo• s,oq City of Carlsbad IA61 ;1;;.;1~■•J§~Eiiii,t4;J ■ October 5, 2009 Teri Shusterman La Costa Oaks 3. 7, LLC 4747 Morena Blvd., Suite 100 San Diego, CA 92117 SUBJECT: AV 09-01-ROCKLEDGE MODEL HOME PERGOLA The Planning Director has completed a review of your application for an Administrative Variance, AV 09-01, at 3622 Corte Casera. The variance is a request to reduce the required rear yard setback from 5 feet to 2.6 feet for a 128 square foot pergola. After careful consideration of the circumstances surrounding this request, the Planning Director has determined that the findings required for granting an Administrative Variance can be made and therefore, APPROVES this request based on the following findings and conditions. Findings: 1. The granting of this variance would 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 pergola is constructed with fireproof concrete column bases and tubular steel posts and is located in the rear yard of a single family residential lot that.is separated from the nearest existing residence by a 400 foot downhill slope that abuts an Open Space Preserve. 2. The granting of this variance will not adversely affect the comprehensive General Plan because the property is developed with a single family residence and detached accessory structure which are permitted uses in the R-1 zone and consistent with the existing Residential Medium General Plan Land Use Designation for the subject site. Conditions: 1. Approval is granted for AV 09-01 as shown on Exhibit "A", dated October 5, 2009, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 3. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ \ • • AV 09-01 -ROCKLEDGE MODEL HOME PERGOLA October 5, 2009 Page 2 This decision may be appealed by you or any member of the public to the Planning Commission within ten days of receipt of this letter. Appeals must be submitted in writing to the Planning Commission at 1635 Faraday Avenue in Carlsbad, along with a payment of $613.00. The filing of such appeal within such time limit shall stay the effective date of the order of the Planning Director until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Gina Ruiz at (760) 602-4675. Sincere:•~ GARY T. BARBERIO Assistant Planning Director GTB:GR:lt c: Christer Westman, Team Leader Chris DeCerbo, Principal Planner Jeremy Riddle, Project Engineer Glen Van Peski, Senior Civil Engineer Mike Peterson, Development Services Manager Data Entry File Copy