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HomeMy WebLinkAboutAV 92-04; Miller Home Addition; Administrative Variance (AV)June 17, 1992 Kenneth Miller 1175 Stratford Lane Carlsbad, CA 92008 SUBJECT: ' nmrcrrsnumvm quest to allow a reduction of the rear y&d setback from 20 feet ontaining a single family home in the R-1 Zone. Dear Mr. Miller: The Planning Director has completed a review of your application for an Administrative Variance, AV 92-4 at 1175 Stratford Lane to allow a reduction of the rear yard setback from 20 feet to 11 feet on a lot containing a single family home in the R-1 Zone. 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. 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 1) the rear property abuts non-residential property and 2) the configuration of the lot substantially constrains the developable portion of the lot. The rear and western side yard of the subject property sides upon Residential-Professional Zoned property. This property currently contains an office building located approximately 90 feet from the rear of the subject property's house and is buffered by a combination of landscaping and a parking lot. The intentions of requiring up to 20 foot rear yard setbacks in Residential Zones is to provide an adequate distance between adjacent residential buildings. But because this lot rears upon commercial-related property containing an office building well separated from the subject property's house, and the minimum rear yard setback of 10 feet for the R-1 Zone is still maintained, requiring a 20 foot rear yard setback per standards creates an unreasonable and unnecessary hardship to the property owner. In addition, because the lot is 107 feet wide, maximum setbacks are created from all property lines. A 20 foot setback is required for the front and rear yard and a 10 foot setback is required for the side yards. But because of the narrow depth of the lot (average of 69.5 feet), these requirements constrain the developable portion of the lot to allow for only a 30 foot deep building thereby creating a substandard size dwelling unit. Permitting a reduction in the rear yard setback will aid in creating a standard size house. 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 most neighboring lots are permitted to have between 2075 Las Palmas Drive - Carlsbad, California 92009-1 576 - (61 9) 438-1 161 AV 92-4 - MILLER ADMINISTRATIVE VARlANCE JUNE 17, 1992 PAGE 2 a 10 and 12 foot rear yard setback while still rearing upon neighboring residential properties. This is because the setbacks on these standard size lots are less restrictive than the subject property's lot due to their long depth and narrow widths. Contrary to this situation, the Zoning Ordinance creates an unfair and unreasonable burden on the subject property by requiring the property to have nearly double the rear yard setback despite being located directly adjacent to property zoned for office uses. 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 the proposal still provides an 11 foot setback, which in turn provides adequate separation between the house and rear property line. All structural additions will occur on the property and no hazardous situations will be created. In addition, the proposed two car garage, which is required for single family homes, will alleviate on-street parking along Stratford Lane. 4. The granting of this variance will not adversely affect the comprehensive General Plan because all improvements to the home will occur within the existing property boundaries and no conflict in any of the General Plan Elements are anticipated. Conditions: 1) Approval is granted for AV 92-4, as shown on Exhibit "A", dated June 17, 1992, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 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 $110.00. 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 David Rick at (619) 438-1161, extension 4328. Assistafit Planning Director GW:DR:vd C: Robert Green Bob Wojcik Erin Letsch Don Neu Code Enforcement Jim Davis Data Entry .. t