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HomeMy WebLinkAboutAV 94-06; Wilson Residence; Administrative Variance (AV)September 6, 1994 Earl and Lori Wilson 7415 Almaden Lane Carlsbad, CA 92009 SUBJECT to allow a 53 foot long and 6 foot high elevated patio deck to encroac into a 10 foot required rear yard setback located adjacent to an 8.8 acre open space lot, all per Section 21.46.120(7) of the Carlsbad Municipal Code. Dear Mr and Mrs. Wilson: The Planning Director has completed a review of your application for an Administrative Variance, to allow a 53 foot long and 6 foot high elevated patio deck to encroach 8 feet into a 10 foot required rear yard setback located adjacent to an 8.8 acre open space lot, at 2607 Acuna Court. After careful consideration of the circumstances surrounding this request, the Planning Director has determined that the two findings required for granting an Administrative Variance can be made and, therefore, APPROVES this request based on the following findings and conditions. Findings: 1. The construction of a 53 foot long and 6 foot high elevated patio deck in the rear yard setback will not be materially detrimental to the public welfare or injurious to surrounding properties or improvements since the deck is located adjacent to an 8.8 acre lot that is dedicated as permanent open space. In addition, the topography adjacent to the rear lot line slopes 90 feet downward into a steep canyon and the deck is located along the middle of the rear property line which is away from any homes on the adjoining lots. 2. The granting of the variance is consistent with the General Plan since the patio deck is considered an acceptable accessory type land use in an R-1 Zone (Single-Family Residential). Conditions: 1. Approval of AV 94-06 is granted subject to the approval of HDP 89-26(A). 2. Approval is granted for AV 94-06, as shown on Exhibit "A-"B", dated September 6, 1994, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 2075 Las Palmas Drive - Carlsbad. California 92009-1 576 (61 9) 438-1 161 69 AV 94-026- WILSON RESIDENCE SEPTEMBER 6, 1994 PAGE 2 This decision may be appealed by you or any member of the public to the Planning Commission within ten days of the date 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 $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 Jeff Gibson at (619) 438-1161, extension 4455. /? c: Bob Wojcik Bobbie Hoder Chris Decerbg Mike Shirey Data Entry File Copy