HomeMy WebLinkAboutAV 89-03; Ellis Patio Cover; Administrative Variance (AV)July 19, 1989
Naomi T. Ell is 2654 Davis P1 ace Carl sbad, CA 92008
SUBJECT: ADMINISTRATIVE VARIANCE NO. 89-03 - Request to maintain a patio cover that is attached to a Single Family Dwell ing and encroaches up to
3'-6" into a 6'-6" required interior side yard setback.
Dear Ms. Ellis:
The P1 anning Director has completed a review of your appl i cation for an Administrative Variance at 2654 Davis 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:
Findinqs:
1. There are exceptional or extraordinary circumstances or conditions appl icable 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 of the irregular configuration of this lot on the cul de sac street (Davis Place) and the placement of the existing dwelling unit twenty-nine feet from Davis Place.
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 of the placement and length of the existing structure. Placement of the structure fifteen feet from the interior property line and twenty-nine feet from the street side property line, in addition to the length of the structure minimizes the use of a side and rear yard. Orientation of the structure to face Davis Place has placed the functional rear yard on the interior side of the property.
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 patio cover is open on all three sides and 50% open on the roof and will not significantly reduce light and air to the neighboring property.
2075 Las Palmas Drive - Carlsbad. California 92009-4859 - (619) 438-1 161
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Naomi T. Ell is July 19, 1989 Paae 2
4. The granting of this variance will not adversely affect the comprehensive
General P1 an because the pat io cover is only 348 square feet and considered an accessory structure compatible with residential uses in the R-1 Zone.
Conditions:
1. Approval is granted for AV 89-3 as shown on Exhi bit "A", dated June 20,
1988, on fi 1 e in the P1 anning Department and incorporated herein by reference.
2. The applicant must obtain a building permit and bring the patio cover into
compliance with all other codes and requirements.
You have the right to appeal this decision to the Planning Commission within ten
days upon receipt of this letter. If you have any questions regarding this matter feel free to call this office at 438-1161.
Si ncerel y ,
MICHAEL J. HOLZKLLER Planning Director
MJH : JG/1 h av8903.adv