HomeMy WebLinkAboutAV 99-02; Clowar Residence; Administrative Variance (AV)April 28, 1999
Clark and Paula Clowar
1450 Buena Vista Way
Carlsbad, CA 92008
SUBJECT: AV 99-02 - CLOWAR RESIDENCE
The Planning Director has completed a review of your application for an
Administrative Variance, AV 99-02 at 1450 Buena Vista Way. After careful
consideration of the circumstances surrounding this request, the Planning Director
has determined that the four findings required for granting an Administrative
Variance cannot be made and therefore, DENIES this request based on the
following findings and conditions.
1. There are not 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,
even though the property contains a twenty foot wide access easement
located along the western side of the property for the landlocked parcel to
the rear, the lot still provides an adequate 75' buildable width to enable the
development of a conforming garage upon it.
2. The requested variance is not 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 an
unattached two car garage could be located within the area allowed for the
placement of accessory structures without the necessity of an administrative
variance.
3. The granting of this variance would 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 it would compromise the provision
of adequate privacy, light, and ventilation to neighboring residences.
2075 La Palmas Dr. - Carlsbad, CA 92009-1576 (760) 438-1 161 FAX (760) 438-0894 @
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AV 99-02 - CLOWAR RESIDENCE
April 26,1999
Page 2
4. The granting of this variance will not adversely affect the comprehensive
General Plan because the subject property is designated Residential Low
Medium (RLM) General Plan Land Use designation and garages are a required
component of residentially designated areas.
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 Brian Hunter at (760) 438-1 161, extension
4457.
CITY OF CARLSBAD
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Assistant Planning Director
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C: Bobbie Hoder
Project Engineer
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