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HomeMy WebLinkAboutAV 85-03; Patricia & Bernard Kouns Sideyard; Administrative Variance (AV)DEVELOPMENTAL SERVICES 1200 ELM AVENUE CARLSBAD, CA 92008-1989 (619) 438-5591 / LAND USE PLANNING OFFICE' July 31, 1985 Patricia & Bennard Kouns 21901 Seacrest Lane Huntinaton Beach, CA 92646 SUBJECT: Administrative Variance No. 85-3 Dear Mrs. & Mr. Kouns: The Land Use Planning Manager has completed a review of your application for an administrative variance at 1365 Forest Avenue, After careful consideration of the circumstances surrounding this request, the Land Use Planning Manager has determined that the four findinus required for granting an administrative variance can be made and, therefore, ALS this request based on the following findings and conditions. Findincrs: 1. 2. 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 this lot is 300 feet in depth and the only way to subdivide it is by panhandle lots. Due to an existing house the sideyard setback will be reduced when a 30 foot access easement is provided to the future panhandle lots. The requested variance is necessary for the preservation and enjoyment of a substantial property riciht possessed by other property in the same vicinity and zone but which is denied to the property in question because the request for a sideyard setback for an existina residence is in conjunction with creating 2 additional parcels on this lot and panhandle lots are the only feasible way to subdivide this 97' x 300' parcel. Many properties in this portion of the City have had to subdivide into panhandle parcels due to unusually deep lots. Variances typically are requested for both reduced front yard widths and sideyard setbacks for panhandle lot subdivisions. In this instance, the lot width remains adequate after it is reduced by 30' for the access easement. The sideyard is reduced by 4.4 feet.. c . .- July 31, 1985 Paae Two c 3. The granting of this variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinty and zone in which the property is located because the reduced sideyard will be adjacent to the driveway access and this will not have the appearance of beinq "crowded" or close to another structure. In fact, since only 20 feet of the 30' driveway easement is required to be paved, there will be 12.3 feet of actual distance from the house to the driveway. 4. The grantinq of this variance will not adversely affect the comprehensive General Plan because the zonina for this site is R-1-7500 and the 3 parcels to be created as part of the future parcel map will be larger than 7500 sq. ft, Conditions: 1. Approval is qranted for AV-85-3, a sideyard setback reduction as shown on Exhibit "A" , dated July 3 , 1985, on file in the Land Use Planning Office and incorporated herein bv reference. As noted on Exhibit "A" the length of the panhandle driveway for Parcel 3 shall not exceed 200 feet and the front yard for Parcel 3 shall be located at the east property line. The front yard for Parcel 2 shall be located at the north property line. 2. To utilize this administrative variance, the a.pplicant will apply for and obtain a Parcel Map from the City of Carlsbad. 3. There shall be a rear yard setback of 10' on Parcel 1. In addition, there shall be a 10-foot separation between the buildings on Parcel 1 , i.e. the existing house and the relocated garage. 4. The 20 feet of paving which is required on the 30 foot access easement shall begin on the east property line and extend 20 feet to the west, 5. The parcel map to be approved subsequently to this administrative variance shall assure joint access onto Forest Street by all 3 parcels. You have the right to appeal this decision to the Planninq Commission within ten, days of receipt of this letter. If you have any questions regardinq this matter, please call Nancy Rollman at this off ice. CITY OF CARLSBAD MICHAELY HOLYMILLER Land Use Planning Manager MJH:NER:bn C: W. E. Billings