HomeMy WebLinkAboutAV 92-07; SHULTZ / LESLIE ADDITION; Admin Decision LetterFebruary 22, 1993
Raymond Sharp
2310 Littler Lane
Oceanside, CA 92056
City. of Carlsbad
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SUBJECT: f#>'MlfBIIMf lVlft811112'M7~-Q'Z -Request administrative variance to allow
a reduced side yard setbacks on property located at 3083-3085 Ocean Street in the
Beach Area Overlay and R-3 Zones.
Dear Ray:
The Planning Director has completed a review of your application for an Administrative Variance,
to allow reduced side yard setbacks from the required 7' to 4'10" and 3'4" at 3083-3085 Ocean
Street. 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 buildable area of the lot is limited to the
eastern one-half of the lot due to Local Coastal Plan structural setback requirements on the
seaward side of the property. The required 20' front and 7' side yard setback requirements
further limit the buildable area so that building coverage cannot exceed 28% of the total
lot area. Other properties within the R-3 zone are allowed a maximum of 60% building
coverage.
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 properties located along the seaward side
of Ocean Street with reduced buildable areas have existing structures located within the
required side yard setbacks or have been granted variances allowing reduced side yard
setbacks for new construction. •
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 substandard setbacks have been established in the area by the existing
surrounding development due to lot constraints which reduce the buildable areas to less
than half that allowed in the zone. Although the substandard side yard setbacks reduce
the open space between structures which might provide visual access to the beach, the
Local Coastal Plan requirement for lateral and vertical public beach access protects the
public welfare by ensuring visual access to the beach along Ocean Street.
2075 Las Palmas Drive • Carlsbad, California 92009-"l 576 • {6"19) 438-"I "16"1
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AV 92-07 -SHULTZ/LESUE CONDOMINIUM
FEBRUARY 22, 1993
PAGE2
4. The granting of this variance will not adversely affect the comprehensive General Plan
because the existing two-unit condominium with reduced side yard setbacks is consistent
with the General Plan land use/density designation specified for the Beach Area.
Conditions:
1. Approval is granted for Administrative Variance 92-07 -as shown on Exhibit "A", dated
February 22, 1993, incorporated herein by reference and on file in the Planning
Department.
2. No further structural encroachment into either side yard setback shall be permitted.
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 2075 Las Palmas Drive in Carlsbad, along with a payment of $470.00. 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 Anne Hysong at (619) 438-1161, extension 4477.
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c: Bob Wojcik
Bobbie Hoder
Don Rideout
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Earl & Karen Shultz
Robert Leslie
PO Box 2394
Rancho Santa Fe, CA 92067