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HomeMy WebLinkAboutAV 95-06; Lagoon Waterfront LLC Condo; Administrative Variance (AV) (10)/- . January 8, 1986 Mr. Don Jack, Lagoon Waterfront LLC P.O. Box 2198 Carlsbad, CA 92018 SUBJECT: AV 95-06 - REQUEST FOR REDUCED FRONT YARD SETBACK TO THE PLANNED DEVELOPMENT ORDINANCE STANDARD Dear Don: The Planning Director has completed a review of your application for an Administrative Variance, AV 95-06 at 4571 and 4575 Cove Drive. 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. Findinas: 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. The 5,965 square foot parcel is of adequate size and shape to accommodate two dwelling units without encroachment into the required setback areas. 2. The requested variance to the Planned Development Ordinance 20’ front yard setback requirement 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 in that the R-W zoning allows apartment or duplex projects to have IO’ front yard setbacks. Projects requesting conversion to separate ownership are required to comply with the more stringent Planned Development Ordinance setback standard to ensure that individually owned multi-family units are designed to function without the potential to disrupt pedestrian and/or vehicle circulation. 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 because the project could result in the disruption of pedestrian circulation due to tandem parking in driveways within the reduced front yard setback. Parked cars within this setback would obstruct the public sidewalk and force pedestrians into the street. 2075 Las Palmas Drive - Carlsbad, California 92009-1576 (619) 438-1 161 @ .~ P r .- -.. AV 95-06 - REQUEST FOR REDUCED FROM YEAR SETBACK JANUARY 8, 1996 4. The granting of this variance will not adversely affect the comprehensive General Plan because the proposed two-unit condominium is consistent with the Residential High density (RH) General Plan land use designation and the Residential Waterway (R-W) implementing zone. 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 Commission at 2075 Las Palmas Drive in Carlsbad, along with a payment of $490. 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 Anne Hysong at (61 9) 438-1 161, extension 4477. CITY Q6CARLSBAD Assistant Planning Director GWAH:kc C: Chris DeCerbo Bobbie Hoder Don Rideout Mike Shirey Data Entry File Copy Robert & Diane Richards Lindsay Management Services