HomeMy WebLinkAboutAV 82-05; Krause Don Property; Administrative Variance (AV)DEVELOPMENTAL SERVICES
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Housing & Redevelopment Department
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Planning Department
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December 13, 1982 "- -. - , . . .. , - ~. *__.
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
Don Krouse
4460 Highland Drive Carlsbad, CA 92008
ADMINISTRATIVE VARIANCE NO. 82-5 - REQUEST TO REDUCE THE REAR
YARD SETBACK FROM 20 FEET TO 7 FEET ON PROPERTY AT 4460 HIGHLAND
DRIVE.
The Land Use Planning Manager has completed a review of your
application for an Administrative Variance at 4460 Highland Drive. After careful consideration of the circumstances surrounding this request, the Land Use Planning Manager 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 condition:
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 previous
structure on the site did not conform to the required
setback. Since the construction you propose will utilize the original foundation and since the property abutting yours to the rear is unbuildable, extraordinary circumstances exist.
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 dwelling is to be situated on the highest point of the lot to maximize the great view potential. The vast majority of the residences along this ridge have been constructed similarly,
at the top of the ridge. Yours is the only property in the vicinity with the property line so close to the top of the ridge.
A Page Two December 13, 1982
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 it will not interfere with view corridors and light and air circulation as the lot behind yours is unbuildable in this area.
4. The granting of this variance will not adversely affect
the comprehensive general plan because the granting of this
variance will not change or affect the land use or any element of the general plan.
Cond it ion
Approval is granted
IIB", and "C", dated Use Planning Office
for AV 82-5, as shown on Exhibit "A", December 13, 1982, on file in the Land
and incorporated herein by reference.
If you have any questions regarding this matter please feel free to contact this office.
07 MICHAEL J. HOLZMILLER
Land Use Planning Manager
MJH : PJK : bw