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HomeMy WebLinkAboutAV 89-05; Brandow Side Yard Setback; Administrative Variance (AV)October 10, 1989 Frederick Engineering, Inc. 390 Oak Avenue, Suite "N" Carl sbad, CA 92008 SUBJECT: ADMINISTRATIVE VARIANCE NO. 89-5 - BRANDOU - Request to a1 low a single-family dwelling to encroach 0' - 4" into a required 6' - 3" side yard setback in a R-1 Zone. Dear Appl i cant : The P1 anning Director has completed a review of your appl i cation for an Administrative Variance at 2803 Wilson Street. After careful consideration of the circumstances surrounding this request, the P1 anning Director has determined that the foup findings required for granting an Administrative Variance can be made and, therefore, APPROVES this request based on the following findings and conditions. Findinqs: 1. 2. 3. There are exceptional or extraordinary circumstances or conditions appl icabl e 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. 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 location of the existing house prohibits the owner of the property from subdividing the lot into two separate parcels by use of a panhandle type lot split. Other similar parcels in the vicinity have subdivided by using panhandle lots. Modifying the existing house by cutting off approximately four inches to bring the structure into conformance with the side yard setback would LC! structurally difficult. 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 twenty foot driveway access portion of the neighboring proposed panhandle lot will be adjacent 2075 Las Palmas Drive * Carlsbad, California 92009-4859 - (619) 438-1 161 8 Page 2 to the side yard setback encroachment. Structures are not permitted in this portion of a panhandle lot, therefore there would be adequate separation between the house on the subject parcel and structures on the adjacent lot to the north along Wilson Street. 4. The granting of this variance will not adversely affect the comprehensive General Plan because an adequate setback between structures will be provided and a panhandle type subdivision is an appropriate method of 1 and division in the R-1 Zone. Conditions: 1) The required fourteen foot paved driveway in the access portion of panhandle Lot 2 shall be located a minimum of three feet from the interior property 1 ine that is adjacent to the encroaching dwell ing unit on Lot 1. 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. ~~LZMIL~~R P1 anni ng Director JG:l h C: Erin Letsch Bob Wojcik