HomeMy WebLinkAboutAV 94-06; WILSON RESIDENCE; Admin Decision LetterSeptember 6, 1994
Earl and Lori Wilson
7415 Almaden Lane
Carlsbad, CA 92009
City of Carlsbad
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susJECT: ~mHMP•-•ffllli'dlANc1 N0':9fflffltmt1 asl9EEBI\ ~.,..
to allow a 53 foot long and 6 foot high elevated patio deck to encroach 8 feet
into a 10 foot required rear yard setback located adjacent to an 8.8 acre open
space lot, all per Section 21.46.120(7) of the Carlsbad Municipal Code.
Dear Mr and Mrs. Wilson:
The Planning Director has completed a review of your application for an Administrative
Variance, to allow a 53 foot long and 6 foot high elevated patio deck to encroach 8 feet into
a 10 foot required rear yard setback located adjacent to an 8.8 acre open space lot, at 2607
Acuna Court. After careful consideration of the circumstances surrounding this request, the
Planning Director has determined that the two findings required for granting an
Administrative Variance can be made and, therefore, APPROVES this request based on the
following findings a!td conditions.
Findings:
1. The construction of a 53 foot long and 6 foot high elevated patio deck in the rear
yard setback will not be materially detrimental to the public welfare or injurious to
surrounding properties or improvements since the deck is located adjacent to an 8.8
acre lot that is dedicated as permanent open space. In addition, the topography
adjacent to the rear lot line slopes 90 feet downward into a steep canyon and the
deck is located along the middle of the rear property line which is away from any
homes on the adjoining lots.
2. The granting of the variance is consistent with the General Plan since the patio deck
is considered an acceptable accessory type land use in an R-1 Zone (Single-Family
Residential).
Conditions:
1. Approval of AV 94-06 is granted subject to the approval of HOP 89-26(A).
2. Approval is granted for AV 94-06, as shown on Exhibit "A"-"B", dated September 6,
1994, incorporated by reference and on file in the Planning Department.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161
AV 94-026-WILSON RESIDENCE
SEPTEMBER 6, 1994
PAGE2
This decision may be appealed by you or any member of the public to the Planning
Commission within ten days of the date of this Jetter. Appeals must be submitted in writing
to the Planning Commission at 2075 Las Palmas Drive in Carlsbad, along with a payment
of $120.00. The fiJing 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 Jeff
Gibson at (619) 438-1161, extension 4455.
CI
.WA
Assis nt Planning Director
GW:JO:vd
c: Bob Wojcik
Bobbie Hoder
Chris Decer~
Mike Shirey
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