HomeMy WebLinkAboutAV 97-03; Ellis Residence; Administrative Variance (AV)August 18,1997
Doug and Jackie Ellis
2654 Davis Place
Carlsbad CA 92008
SUBJECT: AV 97-03 - ELLIS RESIDENCE
The Planning Director has completed a review of your application for an Administrative
Variance, AV 97-03 at 2654 Davis Place. 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.
Findinas:
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 of the irregular configuration of
the lot on the cul-de-sac street (Davis Place) and the placement of the existing
dwelling unit thirty feet from Davis Place and thirty-nine feet from Davis Ave.
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 of the placement of existing
structures and the irregular shape of the lot precludes the development of a standard
garage. The existing one car garage does not meet the size requirements for a
standard ‘garage and the remaining area precludes the placement of a standard
garage. The placement of the existing structure to face Davis Place has placed the
functional rear yard on the interior side yard of the property. This makes the rear
yard to function as an interior side yard. The required rear yard is thirteen feet
whereas the greatest sideyard required by code would be ten feet. The construction
of the proposed two car garage and second story addition above will encroach into
the rear yard setback by two feet, eight inches on one corner of the addition and two
feet, six inches at another corner of the addition as it steps along the angular setback
line.
3. 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 garage and second story above will only encroach in
two locations which are corners of buildings and not a full length setback
encroachment. The addition will also maintain a greater than ten foot setback which
2075 Las Palmas Dr. Carlsbad, CA 92009-1576 - (61 9) 438-1161 - FAX (619) 438-0894 @
AV 97-03 - ELLIS RESIL-IJCE
AUGUST 18,1997
PAGE 2
would be greater than a required side yard setback. This setback is ample for
separation of structures and will not influence the development of the adjacent lot.
4. The granting of this variance will not adversely affect the comprehensive General
Plan because the property is Land Use designated as Residential Low Medium and
is developed as such.
Conditions:
1. The Planning Director does hereby approve Administrative Variance 97-03,
entitled “Ellis Residence“ (Exhibits “A” - “E”, dated August 18, 1997, on file in the
Planning Department and incorporated by this reference), subject to the conditions
herein set forth. 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 substantially different from this
approval, shall require an amendment to this approval.
2. The approval of this Administrative Variance does not constitute a blanket reduction
of the required rear yard setback, but a reduction only for the encroachments shown
on the approved exhibits.
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 Van Lynch at (760)
438-1 161, extension 4325.
CITY OF CARLSBAD
Assistah Planning Director
GEW:VL:kr
C: Bobbie Hoder
Clyde Wickham
Data Entry
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