HomeMy WebLinkAboutAV 89-02; Whitson Rear Yard Setback; Administrative Variance (AV)May 5, 1989
Dana and Kent Whitson 5051 Shore Drive Carl sbad, CA 92008
SUBJECT: ADMINISTRATIVE VARIANCE NO. 89-2 - Request for the construction of an open exterior stairway that would encroach up to 3-1/2 feet into an existing 6-1/2 foot wide rear yard setback.
Dear Mr. & Mrs. Whitson:
The P1 anning Director has ,.completed a review of your appl ication for an
Administrative Variance at 5051 Shore 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.
Findinus:
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 lot is substandard in area and the location of the
existing structure on the lot causes it to have a legally nonconforming
rear yard setback abutting a cul-de-sac not another residence.
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 size of the existing lot and location of the existing building make it difficult to design the stairway, proposed to meet the access requirements of the Uniform Building Code, without significantly impairing the usefulness of the existing open yard area.
3. 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 the encroachment of a
3-l,/2’ wide open exterior stairway measuring less than 32 square feet into
2075 Las Palmas Drive - Carlsbad, California 92009-4859 * (61 9) 438-1 161 I
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Dana & Kent Whitson May 5, 1989 Paqe 2
a portion of the rear yard setback will be totally screened from view by an existing fence and dense vegetation and also backs up to a cul-de-sac not another residence.
4. The granting of this variance will not adversely affect the comprehensive General Plan because the stairway will provide for an addition to the existing second story which will not result in a change to the allowable use, nor will any additional public facilities or services be needed.
Conditions:
1) Approval is granted for AV 89-2, as shown on Exhi bit "A", dated March 15,
1988, 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.
CITY OF CARLSBAD 1'
MICHAEL J. H~LZMIER P1 anni ng Di rector
MJH : DN/af