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HomeMy WebLinkAboutAV 94-04; Fairways Fieldstone; Administrative Variance (AV)October 18, 1994 Ivan Simovich Fieldstone La Costa Associates 5465 Morehouse Drive, Suite ,250 San Diego, CA 92121 SUBJECT: ADMINISTRATIVE VARIANCE NO. 94-04 - Request to allow unenclosed balconies, patios and decks to encroach into the required rearyard setback of lots 57-78 (Phase IV) of Carlsbad Tract 90-23, Fairways. Dear Ivan: The Planning Director has completed a review of your application for an Administrative Variance, AV 94-04 for lots 57 through 78 within the Fairways subdivision. After careful consideration of the circumstances surrounding this request, comments from existing homeowners within the Fainvays subdivision, and the revision to the original application limiting the request to Phase four only, the Planning Director has determined that the two findings required for granting an Administrative Variance per Section 21.46.120(7)(A) can be made and, therefore, approves this request based on the following findings and conditions. - Findin- 1. 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 all lots included in the approval abut designated open space lots and will therefore not affect the enjoyment of natural light and air of any individual lot owner within the same subdivision. 2. The granting of this variance will not adversely affect the comprehensive General Plan because the goals of creating a beach and open space oriented community with a balance of residential, industrial and commercial land uses will not be compromised. Conditions: 1. All attached unenclosed balconies, patios and decks which are allowed to encroach into the rearyard setback per this Administrative Variance shall maintain at a minimum sideyard setbacks equal to that of the main structure. 2075 Las Palmas Drive - Carlsbad, California 92009-1576 (61 9) 438-1 161 @ AV 94-04 - Fairways October 18, 1994 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 $490. 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 Christer Westman at (619) 438-1161, extension 4448. . GW-L CIWBAV.LTR c: Bob Wojcik Bobbie Hoder Don Rideout Project Engineer Data Entry File Copy . I.