HomeMy WebLinkAboutAV 95-07; Maxey Johnson; Administrative Variance (AV)October 18, 1995
Albert Mendelson
940 Mysum Road
Carlsbad CA 92009
SUBJECT ADMINISTRATIVE VARIANCE NO. 95-07 - Request to allow a reduction of
the front yard setback from 20 feet to 15.5 feet of a two family lot on property
located at 2201 Levante Street in the R-2 zone and located in Local Facilities
Management Zone 6.
Dear Mr. Mendelson:
The Planning Director has completed a review of your application for an Administrative
Variance, AV 95-07 at 2201 Levante 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.
Findines:
1.
2.
3.
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 of an error during construction
placed the building setback at 15.5 feet versus 20 feet.
The requested variance is necessary for the preservation and enjoyment of a
substantial properly right possessed by other property in the same vicinity and zone
but which is denied to the property in question because the existing structure was
erroneously built with a reduced front yard setback which prohibits the owner from
meeting the requirements, of the Planned Development ordinance, for the
condominium conversion of the duplex. Since only one of the two units on the
property has a reduced front yard setback, the allowance for tandem parking can be
met in front of the other unit.
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. The property is located on the inside curve of a public street.
This reduces the visual impact of the reduced setback since the reference for the setback is difficult to determine since none of the homes are in line as on a straight
street. The site has adequate area to provide for tandem parking for guest parking
without impeding on the public right-of-way. There is also adequate on street
parking for guest parking.
2075 Las Palrnas Drive Carlsbad, California 92009-1576 - (619) 438-1 161 @
Administrative Variance 95-07
October 18, 1995 Page 2
4. The granting of this variance will not adversely affect the comprehensive General
Plan because the existing site is in conformance with the density range of the Land
Use Element.
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 Van Lynch at
(619) 438-1161, extension 4325.
CImAF CARLSBAD
c: Bob Wojcik
Bobbie Hoder
Don Rideout
Ken Quon
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