HomeMy WebLinkAboutAV 00-03; Broyles Patio Cover; Administrative Variance (AV)- City of Carlsbad
September 26,2000
Robert and Anna Broyles
3456 Hastings Drive
Carlsbad, CA 92008
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SUBJECT: AV 00103 - BROYLES PATIO COVER
The Planning Director has completed a review of your application for an Administrative
Variance, AV 00-03 to allow an attached unenclosed patio cover at 3546 Hastings
Drive. 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. 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 proposed patio cover improvement is
located to the rear of the property and is located adjacent to land permanently
designated as open space.
2. The granting of this variance WOULD NOT adversely affect the comprehensive
General Plan because the property is designated and developed as residential.
3. Approval of the variance will not cause any adverse physical or visual impacts on
adjacent properties in that the patio cover will be located at the rear of the
property, is adjacent to land permanently designated as open space, and
maintains a five foot side yard setback from the interior side property line.
Conditions:
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the
right to revoke or modify all approvals herein granted; deny or further condition
issuance of all future building permits; deny, revoke or further condition all
certificates of occupancy issued under the authority of approvals herein granted;
institute and prosecute litigation to compel their compliance with said conditions
1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us 49
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AV 00-03 - BROYLES I . %TI0 COVER
September 26,2000
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or seek damages for their violation. No vested rights are gained by Developer or
a successor in interest by the City’s approval of this Administrative Variance.
2. Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the Administrative Variance documents, as
necessary to make them internally consistent and in conformity with the final
action on the project. Development shall occur substantially as shown on the
approved Exhibits. Any proposed development different from this approval, shall
require an amendment to this approval.
3. The Developer shall comply with all applicable provisions of federal, state, and
local laws in effect at the time of building permit issuance.
4. Approval is granted for Administrative Variance 00-03, as shown on exhibits “A - “B”, dated September 20, 2000. Development shall occur substantially as shown
unless otherwise noted in these conditions.
5. The patio cover shall maintain a six-foot setback from the rear property line and a
five foot side yard setback.
6. The patio cover shall not be enclosed. Three sides must remain open and
unobstructed.
7. 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 othewise specifically provided herein.
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 $400. 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 Paul Godwin at (760) 602-4625.
Assistant Plandng Director
GEW:PG:cs
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