HomeMy WebLinkAboutAV 99-02; Clowar Residence; Administrative Variance (AV) (4)- City of Carlsbad
March 9, 1999
Clark and Paula Clowar
1450 Buena Vista Wy Carlsbad, CA .92008
SUBJECT: AV 99-02 - CLOWAR RESIDENCE
Dear Clark and Paula Clowar:
Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department
has reviewed your administrative variance, application no. AV 99-02, as to its completeness
for processing.
The application is deemed complete, as submitted. However, you should be aware that
issues exist which would not allow us to support your variance request. At this time, we
suggest that you withdraw your application and request a refund for the balance of fees which
were paid to the City because all required variance findings cannot be satisfied.
California State Law requires that specific findings are made to grant a variance to the existing municipal code (please see attached list of required findings). One of these findings is that there are exceptional or extraordinary circumstances or conditions applicable to the property that do not generally apply to other similarly zoned properties in the project vicinity. There is nothing extraordinary or exceptional about your property that does not generally apply to other properties in your neighborhood.
Specifically there previously existed on the property a two car garage that met all requirements of the zoning code. It was at the sole discretion of the property owner to remove that use. To now request that a garage be constructed in a required setback area, because its legally conforming location has been taken by a permitted addition, is not an extraordinary condition
and therefore not an adequate justification for this variance request. Additionally, the property right that you enjoy and that is enjoyed by your neighbors is a single family home developed consistent with required setbacks that ensures the provision of adequate light and ventilation. The construction of a garage into those required setback areas would compromise those property rights.
If you have any questions, please contact Brian Hunter at (760) 438-1 161, extension 4457.
Assistant Planning Director
C: Bobbie Hoder File Copy Data Entry Chris DeCerbo
2075 La Palmas Dr. Carlsbad, CA 92009-1576 (760) 438-1 161 - FAX (760) 438-0894 @
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JUSTIFICATION FOR VARIANCX
By law a Variance may be approved only if certain facts are found to exist. Please read these
requirements carefully and explain how the proposed project meets each of these facts. Use additional
sheets if necessary.
1. Explain why 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:
2. Explain why such 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:
3. Explain why the granting of such variance will not be materially detrimental to the public
welfare or injurious to the property or improvements in such vicinity and zone in which the
property is located:
4. Explain why the granting of such variance will not adversely affect the comprehensive general
plan:
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