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HomeMy WebLinkAboutAV 86-17; Victor Box Patio Cover; Administrative Variance (AV)PLANNING DEPARTMENT 2075 LAS PALMAS DRIVE CARLSBAD, CALIFORNIA 92009-4859 (619) 438-1 161 April 7, 1987 Mr. h Mrs. Victor Box 2405 Sonora Court Carlsbad, California 92008 SUBJECT: Administrative Variance No. AV 86-17 - Request to allow a 12 foot encroachment for a patio cover into the required 19 foot rearyard setback Dear Mr. & Mrs. BOX: On December 16, 1986, the Planning Director tentatively denied your application for an administrative variance at 2405 Sonora Court. After further 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, aggroves this request based on the following conditions: Findings: 1. 2. 3. There are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do no apply generally to the other property or class of use in the same vicinity and zone because the lot is irregularly shaped, and this irregularity is significant enough to be considered exceptional. 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 was denied to the property in question because the natural slope of the land caused a portion of the house to be constructed closer to the rear property line, so that it is not possible to shade the main portion of rear yard without encroachment into the setback. The granting of this variance will 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, although the amount of intrusion is significant, a letter of support for this variance, from the property owner to the rear, is on file with the City. April 7, 1987 Page Two 4. The granting of this variance will not adversely affect the comprehensive General Plan because no increase in density is being requested. Conditions: 1. Approval is granted for AV 86-1 7, as shown on Exhibit "A" dated October 14, 1986, on file in the Planning Department and incorporated herein by reference. 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. MICHAEL J. HOLZM~LLER Planning Director MJH/DC :dm