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