HomeMy WebLinkAboutAV 91-14; Brown Condo Conversion; Administrative Variance (AV)January 9,1992
Theodore R. Brown, Lee G. Brown,
2630 Luciemaga Street
Carlsbad, CA 92009
Lois M. Ousley, & Pamela M. Lovin
SURJEC'l? ADMINISTRATIVE VARIANCE NO. 91-14 - BROWN CONDO CONVERSION
Dear Mr. & Mrs. Brown:
The Planning Director has completed a review of your application for an Administrative Variance
at 2628-2630 Luciemaga Street. 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.
Findinns:
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 structure was approved and built prior to
the adoption of the requirement for a 40 foot setback from Alga Road and because wooden
fences placed at the top of the slope along Alga Road prevent visibility of the structures.
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 inadequate setback prevents the owner from
meeting the requirements of the Planned Development Ordinance for the condominium
conversion of the duplex. The structure meets all other requirements and standards of the
Planned Development Ordinance.
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 reduced setback does not result in any visual intrusion by the
structure. Due to the placement of wooden fences on the top of the slope along Alga Road,
it is not visually apparent from Alga Road that this structure is closer to the road than other
structures on the street.
4. The granting of this variance WILL NOT adversely affect the comprehensive General Plan
because the existing development of the site is in conformance with the density range
allowed by the General Plan.
2075 Las Palmas Drive - Carlsbad, California 92009-1 576 - (61 9) 438-1 161 @
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AV 91-14 - BROWN CONDO CONVERSION
JANUARY 9,1992
PAGE 2
Conditions:
1.
2.
3.
4.
5.
Approval is granted for AV 91-14 as shown on Exhibit "A" dated December 19, 1991 on file
in the Planning Department and incorporated herein by reference.
A copy of the final condominium conversion site plan, incorporating all conditions of
approval, shall be submitted to and approved by the Planning Director prior to final map
approval of MS 867.
All conditions of MS 867 are incorporated herein by reference and shall be complied with
in their entirety.
Unless otherwise stated herein, this condominium project shall comply with all applicable
City ordinances and requirements.
The slope area of the rear yard shall be preserved as an open spacehon-building area
easement.
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 Commission at 2075 Las Palmas
Drive in Carlsbad, along with a payment of $110.00. The filing of such appeal within such time
limit shall stay the effective date of the order of the Planning Director until such time as a final
decision on the appeal is reached. Please note that this approval letter and the conditions therein
supersede our previous approval letter dated December 23, 1991. If you have any questions
regarding this matter, please feel free to contact Elaine Blackburn at 438-1161, ext. 4471.
GARY E. WAYNE
Assistant Planning Director
GW:EB:vd
c: Bob Wojcik
Erin Letsch
Don Rideout
Project Engineer
Data Entry
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