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HomeMy WebLinkAboutAV 96-07; Eaton Residence; Administrative Variance (AV)June 23, 1997 Homer and Nina Eaton 5025 Tierra del Or0 Carlsbad CA 92008 SUBJECT: AV 96-07 - EATON RESIDENCE The Planning Director has completed a review of your application for an Administrative Variance, AV 96-07 at 5025 Tierra Del Oro 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: I. 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 the developable portion of the site is constrained between the-street and receding coastal bluff. This reduces the 248 foot deep lot to a buildable area (factoring in front yard and bluff setbacks) measuring only 50 feet deep, therefore requiring the encroachment of the garage into the front yard setback to allow for adequate ground floor living space between the garage and the rear yard. 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 homes in the neighborhood possess sufficient space between the back of garage and rear yard/bluff setback to allow adequate ground floor living area. 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 because all encroachments have been present for some time. Any existing impacts to the neighborhood due to the reduction in adequate vehicle sight distance or street circulation would have been noted by the neighboring residents and only supportive comments were received from the neighborhood. 4. The granting of this variance WILL NOT adversely affect the comprehensive General Plan because the use is remaining a single family home, consistent with the RLM - Residential Low Medium Density designation and no circulation impacts will result. 2075 Las Palmas Dr. - Carlsbad, CA 92009-1 576 (61 9) 438-11 61 - FAX ((319) 438-0894 @ 4 - AV 96-07 - EATON R“ JENCE JUNE 23, 1997 PAGE 2 Conditions: 1. The Planning Director does hereby APPROVE the Administrative Variance for the single family project entitled “Eaton Residence“. (Exhibit “A”, as modified, dated June 17, 1997, on file in the Planning Department and incorporated by this reference), subject to the conditions herein set forth. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Administrative Variance documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development substantially different from this approval, shall require an amendment to this approval. 2. Approval of AV 96-07 allows the continued development along the existing five (5) foot side yards but does not allow any additional encroachment into the front yard. All future development on the lot must conform to the standard R-I, 20 foot front yard setback. 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 Michael Grim at (760) 438-1 161, extension 4499. Assistaht Planning Director GEW:MG: Attachment C: Bob Wojcik Bobbie Hoder Chris DeCerbo Clyde Wickham Data Entry File Copy