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HomeMy WebLinkAboutAV 85-05; Prendergast Patio Cover; Administrative Variance (AV)c DEVELOPMENTAL SERVICES LAND USE PLANNING OFFlCE 1200 ELM AVENUE CARLSBAD, CA 92008-1989 (619) 438-5591 July 17, 1985 -. .. , ,. Frank Prendergast 3624 Haverhill Street Carlsbad, CA 92008 SUBJECT: Administrative Variance No. 85-5 - This is a request to allow (existing) patio covers and lattice awnings in the required rear and side yard setbacks. (This project was constructed without building permits). Dear Elr. Prendergast: The Land Use Planning Manager has completed a review of your application for an administrative variance at 3624 Haverhill. After careful consideration of the circumstances surrounding this request, the Land Use Planning Manager has determined that the three findings required for granting an administrative variance - cannot be made and, therefore, denies this request based on the following findings and conditions. Findings: 1. There are not 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 all of the lots in this vicinity have the same back and side yard setbacks. The lot sizes are equal. In addition, there is room to construct patio extensions without building within the setback area. 2. The requested variance is not necessary for the preservation ant! 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 others in the area have complied with the setback requirements. July 17, 1985 Page Two 3. The granting of this variance will 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 it would create an undesirable precedent for this whole area; other homeowners would want the same privilege. You have the right to appeal this decision to the Planning Commission within ten days of receipt of this letter. If you have any questions regarding this matter, please feel free to call this office. CITY OF CARLSBAD MICHAEL J. HOLZMILLER Land Use Planning Manager MJH:LF:ad