Loading...
HomeMy WebLinkAboutAV 90-07; Foster Deck Addition; Administrative Variance (AV)April 2, 1991 Mr. George Foster 3438 Carlsbad Boulevard Carlsbad, CA 92008 SUBJECT ADIvlINIs'"TWTIVE VARIANCE NO. 90 - 7 - Request for a reduced street side yard setback due to the construction of a second story balcony. Dear Mr. Foster: The Planning Director has completed a review of your application for an Administrative Variance at 3438 Carlsbad Boulevard. After careful consideration of the circumstances surrounding this request, the Planning Director has determined that the four findings required for granting an Administrative Variance cannot be made and, therefore, denies this request based on the following findings. Findings: 1. 2. 3. There are no 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. The multiple family unit is one of many multiple family units facing Carlsbad Boulevard, and the subject property is one of the largest lots between Chestnut and Maple Avenues with no unusual geometric shape or topography and ample width to accommodate development. The existing units also have the same full unobstructed view of the Pacific Ocean as the other properties located along Carlsbad Boulevard in the R-3 zone. The requested variance is not 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 since there are other properties fronting on Carlsbad Boulevard with full width street side yards. The side yard deck is an extension of an existing usable deck, and there are other properties in the area which have not constructed second story decks/balconies in side yard setbacks. The granting of the variance will 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 by encroaching into the street side yard setback, the deck balcony has reduced visual access to the beach for properties fronting on Maple Avenue. 2075 Las Palmas Drive - Carlsbad, California 92009-4859 - (619) 438-1 161 c! AV 90-7 - FOSTER APRIL 2,1991 PAGE 2 4. The granting of this variance will adversely affect the comprehensive General Plan because it is in opposition to the City's open space goal of providing visual relief in the cityscape, implemented through the provision of required yards which are open and unobstructed from the ground to the sky and free of any building. You have the right to appeal this decision to the Planning Commission within ten days of receipt of this letter. Appeals must be submitted in writing to the Planning Department at 2075 Las Palmas Drive in Carlsbad, along with a payment of $470.00. The filing of such appeal within such time limit shall stay the effective date of the order of the Land Use Pl&Lg Manager until such time as a find decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contac 1161, extension 4457. - (619) 438- Sincerely, Assistant Planning Director GW:AH/rvo c: Bob wojcik Erin Letsch Don Rideout Project Engineer Data Entry File Copy AH:m AV907.ah