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HomeMy WebLinkAboutAV 93-04; Francavilla Residence; Administrative Variance (AV)I October 13, 1993 Jim Francavilla 81 3 Windward Lane Carlsbad, CA 92009 SUBJECT: ADMINISTRATIVE VARIANCE NO. AV 93-04 - FRANCAWLLA RESIDENCE - Request to allow a solarium within a required side yard setback of a single family home. Dear Mr. Francavilla: The Planning Director has completed a review of your application for an Administrative Variance to allow a reduced side yard setback from 10' to 6'4" at 813 Windward Lane. . 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 and conditions. . "- Findin!p: 1. There are not 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. All properties within the Planned Unit Development (PUD 61) are required to maintain a 10' side yard setback, and all of the properties are of the same approximate size, configuration, and terrain. Therefore, the subject property is not subject to extraordinary circumstances or conditions. 2. 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. No' variances have been approved for similar requests in the neighborhood. Therefore, any property owner having a similar structure does not possess a property right for the nonconforming structure. 3. The granting of this 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. The presence of the solarium within the required side yard setback negatively impacts both the view from the street and the feeling of openness. 2075 Las Palmas Drive Carlsbad. California 92009-1 576 - (61 9) 438-1 161 @ " JIM FRANCAWLLA OCTOBER 13, 1993 PAGE 2 I 4. The granting of this variance will not adversely affect the comprehensive General Plan because the solarium is located on one single family lot. This decision may be appealed by you or any member of .the public 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 $120.00. 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. If you have any questions regarding this matter, please feel free to contact Elaine Blackburn at (619) 438-1161, extension 4471. Assista/nt Planning Director CW:EB:lh c: Bob Wojcik Bobbie Hoder Don Rideout Brian Hunter Project Engineer Data Entry File Copy EB:lh FRANCDNLLTR