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HomeMy WebLinkAboutAV 99-02; Clowar Residence; Administrative Variance (AV) (6). r June 23, 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 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 because the existing single family residence is currently non-conforming in that it does not include a two-car garage because a garage conversion on the subject property was previously approved by the City. 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 the administrative variance will enable a two-car garage to be' constructed on the subject property, thereby providing the property owner the benefits of a garage (i.e.; covered parking and storage) while bringing the existing residence into use conformance with the R-1 zone. 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: a) the proposed garage would not impact circulation sight distance in that it would be located within the rear yard of the existing residence and b) although the proposed attached two-car garage would encroach into the rear yard setback, there would still remain a minimum 30 foot separation between this garage and the nearest 2075 La Palmas Dr. - Carlsbad, CA 92009-1576 - (760) 438-1 161 FAX (760) 438-0894 AV 99-02 - CLOWAR RtSlDENCE June 23,1999 Paae 2 adjacent residential structure, thereby ensuring the maintenance of adequate light, air and ventilation for the neighboring properties. 4. The granting of this variance will not adversely affect the comprehensive General Plan because the subject property is designated Residential Low Medium (RLM) and garages are a required and typical 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 Chris DeCerbo at (760) 438-1 161 , extension 4445. CITY ,0R CARLSBAD Asdstant Planning Director GEW:CD:eh C: Bobbie Hoder Kathy Farmer Data Entry File Copy