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HomeMy WebLinkAboutAV 01-05; Schlehuber Residence; Administrative Variance (AV)City of Carlsbad October 29,2001 Clarence Schlehuber 4085 Sunnyhill Drive Carlsbad, Ca 92008 SUBJECT: AV 01-05 - SCHLEHUBER RESIDENCE The Planning Director has completed a review of your application for an Administrative Variance, AV 01-05 - Schlehuber Residence at 3351 Donna Drive. 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. Findinqs: 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 the configuration of the existing residence on the lot and steep sloping terrain located along the side and rear of the property restricts any new additions to the front of the property. Based on good planning principals and site design, the best practical solution to increase covered parking would be to expand the existing non-conforming side loaded single car garage within the front yard setback. This would legalize the non-conforming garage by meeting the City’s minimum off-street covered parking requirement and would allow for open guest parking to be located in front of the garage and not within the City’s right-of-way. 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 surrounding properties have existing two car side loaded garages. 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 encroachment within the front yard setback does not limit visibility and would not impact public health or safety in that motorists traveling along the street frontage will continue to have good visibility of pedestrians and vehicular traffic. 4. The granting of this variance WILL NOT adversely affect the comprehensive General Plan because the variance is based on unique circumstances involving only the subject property. Therefore, the variance would not uniformly affect the properties of Carlsbad and subsequently the General Plan. 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us @ I -I AV 01 -05 - SCHLEHUBER hESIDENCE b October 29,2001 Paue 2 Conditions: 1. Approval is granted for AV 01-05 - Schlehuber Residence as shown on Exhibits “A”, dated October 29, 2001, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. Prior to the issuance of the Building Permit, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued an Administrative Variance on the property owned by the Developer. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 3. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 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 1635 Faraday Avenue in Carlsbad, along with a payment of $495.00. 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 Greg Fisher at (760) 602-4629. CITY OF CARLSBAD MICHAEL J HOEMILLER Planning Director MJH:GF:cs C: Michael J. Shirey Chris DeCerbo Data Entry *copy