HomeMy WebLinkAboutAV 04-04; Nowicki Condominium Conversion; Administrative Variance (AV)June 21,2004
Vincent and Megan Nowicki
8044 Camino Montego
Carlsbad, CA 92009
SUBJECT: AV 04-04 - NOWlCKl CONDOMINIUM CONVERSION
The Planning Director has completed a review of your application for an Administrative
Variance, AV 04-04 - Nowicki Condominium Conversion at 2426 and 2428 Torrejon 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.
Findinss:
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, pursuant to Carlsbad Municipal Code
Section 21.45.110.A, Chapter 21.45 does not apply since the duplex was built in
1970 under the standards of the County of San Diego prior to the adoption of
Chapter 21.45 and prior to the annexation of the property from the County of San
Diego to the City of Carlsbad in late 1970. Since Chapter 21.45 does not apply to
the project, only the development standards of the, underlying zoning designation
apply. The project does not meet the required 7.5-foot side-yard setback standard
of the R-2 zone. Due to the shape of the lot and placement of the existing building,
applying a strict application of the zoning code would deprive the property the
same rights as surrounding properties which have been allowed to convert to
condominiums.
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 the existing duplex was built under the
standards of the County of San Diego, at the time of construction, requiring a 3-
foot side yard setback. Others duplexes in the vicinity have converted to
condominiums and to not grant a variance would deny this property the same
rights other properties have been permitted.
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 conversion will not change the existing physical attributes or
characteristics of the property. Granting this variance will allow the existing
duplex to convert to condominiums and the ownership change from one to two
owners.
@ 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 - www.ci.carlsbad.ca.us
--. --
AV 04-04 - NOWlCKl CONDOMfNlUM CONVERSION
June 21,2004
Paqe 2
4. The granting of this variance will not adversely affect the comprehensive General Plan
because the variance is based on the unique circumstances in that duplex is an
existing legal non-conforming structure with regard to side yard setbacks and a
duplex is permitted by the RM General Plan land use designation.
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 Jessica Galloway at (760) 602-4631.
Sincerely,
Assistant Planning Director
DN:JG:bd
C: David Rick
Data Entry
File Copy