HomeMy WebLinkAboutAV 98-02; Worth Condo Conversion; Administrative Variance (AV) (6)November 12, 1998
Thomas Worth
1435 Forest Avenue
Carlsbad CA 92008
SUBJECT: AV 98-02 - WORTH CONDO CONVERSION
Dear Mr. Worth:
Subsequent to the issuance of our letter denying Administrative Variance, AV 98-
02, at 4681 Park Drive, it has come to the staff's attention that a precedent has
been established regarding the conversion of units to separate ownership of
projects with ten foot front yard setbacks in the R-W Zone. Based on this
evidence, the Planning Director has determined that the four findings required for
granting an Administrative Variance can be made and therefore, rescinds the
previous project denial and approves this request based on the following findings
and conditions.
Mnas:
1 . There are exceptional or extraordinary circumstances or conditions applicable
to the property or to the intended use because the existing duplex unit was
built consistent with the development standards of the Residential Waterway
(R-W) zone. The R-W zone includes less restrictive (1 0' front and 4' side
yard setback) development standards than the Planned Unit Development
(20' front yard). However, the less restrictive R-W zone setback standards
were not intended to preclude or prohibit the conversion of duplex units for
condominium ownership.
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 other
condominiumized properties along Park Drive and Cove Drive have been
approved with front yard setbacks which are less than the required twenty
feet.
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 project meets or exceeds all of
2075 Las Palmas Dr. - Carlsbad, CA 92009-1 576 (760) 438-11 61 - FAX (760) 438-0894 @
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AV 98-02 - WORTH CONUO CONVERSION
November 12, 1998
PAGE 2
the development standards required by the Planned Development Ordinance
and the underlying R-W Zone except the reduced front yard setback.
4. The granting of this variance will not adversely affect the comprehensive
General Plan because the two unit condominium is consistent with the
Residential High (RH) General Plan land use and density designation and the
Residential Waterway (R-W) implementing zone.
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 $400.00. 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 4447.
CITY OF CARLSBAD
MICHAEL J. H~LZMILLER
Planning Director
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C: Bobbie Hoder
Steve Jantz
Data Entry
File Copy