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HomeMy WebLinkAboutAV 94-03; Shibe Residence; Administrative Variance (AV)February 9, 1995 nda R. shibe 5535 El Arb01 Drive Carlsbd, CA 92008 SUBJECT: ADMINISTRATIVE VARIANCJ3 NO. w-02 - Request to allow a reduced front yard setback from 20 feet to 18 feet, 3 iocbes on property located at 5535 El Arb01 Drive. Dear Mrs. Shib: The Planning Director has completed a review of your. application for an Administrative Variance, to allow a reduced frontyard setback from 20 feet to 18 feet 3 inches at 5535 El Arb01 Drive. After careful consideration of the circumstances surrounding this request, the Planning Director has detexmined 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. 2. 3. 4. 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 building is existing at the reduced setback and no development will take place directly south of the project site, and all other surrounding property is fully developed. The requested variance is llccessa~y 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 denial of the variance would require the removal of the existing structure. Thegrantingofthiswuiancewillnotbemateriallydetrimesltaltothepublicwelfareor injurious to the property or improvements in the vicinity and mnc in which the property is located because the building exists at the reduced setback so will therefore not mate any new impacts or reduce views available to any existing residences. The granting of this v8ti811ce will not adversely afkt the camplehensive General Plan because~newserviceswillberequiredandthevariancewillnotcreatenewhcalth hazards or exacerbate any existing ConditioIlS nor will it effect present or future land use patterns. 2075 Las Palmas Drive Carlsbad. California 92009-1 576 - (61 9) 438-1 161 ~~ AV 94-03 - SHlBE RESIDENCE FEBRUARY 9,1995 PAGE 2 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 $120.00. 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. Assi@t Planning Director C: Michael J. Holpniller Bobbie Hoder Adrienne Landers Ken Quon Data Entry File Copy Bob wojcik