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HomeMy WebLinkAboutAV 96-02; Nixon Residence; Administrative Variance (AV)May 13, 1996 Nick Nixon 2438 Ocean Street Carlsbad, CA 92008 SUBJECT: AV 96-02 - Request to place a fence and gate over 42 inches in height to accommodate a swim spa within the west corner area of the front yard setback of an existing single family residence on a R-3 zoned lot located at 2438 Ocean Street as shown on Exhibits c‘A’’-LcC’’ dated May 16,1996. Dear Mr. Nixon: The Planning Director has completed a review of your application for an Administrative Variance, 96-02 at 2438 Ocean 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. Findinas: 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. Primarily, the lot‘s irregular, triangular shape justifies the variance request. The subject site, with the triangular lot configuration and existing placement of the house structure, does not accommodate reasonable yard area typically found in properties in this area for the rear and side yard areas. The only area for a reasonable recreational amenity appropriate for a single family home is in the proposed area for improvement; the northwest corner area of the lot. In addition, there are only two other lots with a similar triangular configuration; one of which is adjacent to and west of the subject site and it accommodates a single family residence with a greater rear yard setback and therefore also accommodates a good sized swimming pool and spa combination. 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 other properties in the area have useable yard areas which enable placement of reasonable private recreational amenities such as deck areas, swimming pools and patio space. There are very few similar shaped triangular lots in the area; and those lots do 2075 Las Palmas Dr. Carlsbad, CA 92009-1576 (619) 438-1161 0 FAX (61 9) 438-0894 @ AV 96-02 - NIXON RESIDENCE MAY 13, 1996 PAGE 2 enjoy reasonable yard space with their single family residences. 3. The granting of this variance WOULD 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 proposed improvements as shown on the project exhibits will be an improvement to the neighborhood and the area while allowing this irregular lot to have typical single family amenities found elsewhere in the immediate vicinity. 4. The granting of this variance WILL NOT adversely affect the comprehensive General Plan because the variance affects only one single family lot under unique circumstances. Conditions: 1. All development including improvements shown on future building permit submittals, shall be to the satisfaction of the Planning Director and shall be in substantial conformance with Exhibits "A' - "C" dated May 16, 1996 incorporated herein by reference and on file in the Planning Department. 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 $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 Eric Munoz at (61 9) 438-1 161, extension 4441. GARY E. WAYNE / Assistant Planning Director GEWENM:bk C: Don Neu Bob Wojcik Bobbie Hoder Clyde Wickham Data Entry File Copy