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HomeMy WebLinkAboutAV 98-02; Worth Condo Conversion; Administrative Variance (AV) (6)November 12, 1998 Thomas Worth 1435 Forest Avenue Carlsbad CA 92008 SUBJECT: AV 98-02 - WORTH CONDO CONVERSION Dear Mr. Worth: Subsequent to the issuance of our letter denying Administrative Variance, AV 98- 02, at 4681 Park Drive, it has come to the staff's attention that a precedent has been established regarding the conversion of units to separate ownership of projects with ten foot front yard setbacks in the R-W Zone. Based on this evidence, the Planning Director has determined that the four findings required for granting an Administrative Variance can be made and therefore, rescinds the previous project denial and approves this request based on the following findings and conditions. Mnas: 1 . There are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use because the existing duplex unit was built consistent with the development standards of the Residential Waterway (R-W) zone. The R-W zone includes less restrictive (1 0' front and 4' side yard setback) development standards than the Planned Unit Development (20' front yard). However, the less restrictive R-W zone setback standards were not intended to preclude or prohibit the conversion of duplex units for condominium ownership. 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 condominiumized properties along Park Drive and Cove Drive have been approved with front yard setbacks which are less than the required twenty feet. 3. 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 because the project meets or exceeds all of 2075 Las Palmas Dr. - Carlsbad, CA 92009-1 576 (760) 438-11 61 - FAX (760) 438-0894 @ .- AV 98-02 - WORTH CONUO CONVERSION November 12, 1998 PAGE 2 the development standards required by the Planned Development Ordinance and the underlying R-W Zone except the reduced front yard setback. 4. The granting of this variance will not adversely affect the comprehensive General Plan because the two unit condominium is consistent with the Residential High (RH) General Plan land use and density 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 $400.00. 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 Van Lynch at (760) 438-1 161, extension 4447. CITY OF CARLSBAD MICHAEL J. H~LZMILLER Planning Director MJH:VL:mh C: Bobbie Hoder Steve Jantz Data Entry File Copy