HomeMy WebLinkAboutAV 96-07; Eaton Residence; Administrative Variance (AV) (6)February 13,1997
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 Or0 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.
Findings:
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 existing
structure was constructed in its existing, encroaching location over thirty years
ago with the benefit of a valid building permit.
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 non-
conforming structures within the immediate neighborhood have been allowed to
expand beyond the 40 percent maximum expansion of floor area for non-
conforming structures required by the Zoning Ordinance.
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 are existing, do
not interfere with adequate vehicle sight distance 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 92009-1576 - (619) 438-1161 - FAX (619) 438-0894 @
r - AV 96-07 - EATON RES lNCE
c FEBRUARY 13, 1997
PAGE 2
Conditions:
1. The Planning Director does hereby APPROVE the Administrative Variance
for the single family project entitled “Eaton Residence“. (Exhibit “A”, dated
February 13, 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 Mike Grim at (61 9) 438-1 161, extension 4499.
CITY OF CARLSBAD
GARY E. WAYNE
Assistant Planning Director
c: Bob Wojcik
Bobbie Hoder
Chris DeCerbo
Clyde Wickham
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