HomeMy WebLinkAboutAV 96-03; Levy Residence; Administrative Variance (AV)t
t
June 26,1996
Robert Sukup
c/o The Sea Bright Company
4322 Sea Bright Place
Carlsbad, CA 92008
SUBJECT: AV 96-03 - LEVY RESIDENCE - REQUEST TO (1) ALLOW A REAR
YARD SET BACK REDUCTION OF EIGHT INCHES (FROM A
REQUIRED 10 FEET TO 9 FEET 4 INCHES) AND TO (2) ALLOW A
TWO FOOT PROTRUSION INTO THIS NEW REAR YARD SET BACK
FOR A WATER HEATER AND ENCLOSURE, ALL ON PROPERTY I
LOCATED AT 237 NORMANDY LANE WITHIN THE R-3 ZONE.
Dear Mr. Levy:
The Planning Director has completed a review of your application for an Administrative
Variance, AV 96-03 at 237 Normandy Lane. 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.
Findinps:
1. There are exceptional and extraordinary circumstances and conditions applicable to the
property that do not apply generally to the other property or class of use in the same
vicinity and zone because of the lot's small size and shape. The gross lot area is 2,515
square feet, significantly less than the minimum 7,500 square foot lot area required by the
underlying zone. In addition, the lot is nearly as wide as it is deep. Both undersized and
square, these lot parameters limit the buildable area to a 1,486 square foot house. These
parameters alone impose limitations to the lot's building area, but it is the constraint
imposed by the lot depth which provides the greatest justification for making this finding.
Per City code, the first 20 feet of the property is rendered unbuildable by the required
front yard set back. City code requires that the depth of the garage be a minimum of 20 f3
measured from interior wall to interior wall. Add in the six inch thick walls on each end
and the garage would consume another 21 ft of the property's depth. The required rear
yard set back would consume the remaining 10 ft. To comply with all of these standards,
the lot would need to be 51 feet deep. Since the lot is only 50 ft 4 in deep, one of the
standards must be modified. A modification to the rear yard set back is appropriate since
other rear yard set back reductions exist 'within the neighborhood.
2075 Las Palmas Dr. Carlsbad, CA 92009-1576 (619) 438-1161 FAX (619) 438-0894 @
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1 AV 96-03 - LEVY RESIDENCE JUNE 22,1996
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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 adjacent properties also have substandard set
backs. The property immediately southwest of the subject property has a rear yard set
back approximately 8 feet deep, 4 feet less than required. This same property also has a
substandard front yard set back. The property located southeast of the subject property
has a rear yard set back less than 7 feet. The required rear yard set back on this property
is 10 feet.
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 the set back is so insignificant compared to other reduced set backs in
the neighborhood that the reduction would be virtually unnoticed. In addition, the
reduced set back would not compromise, in any way, the health and safety of the
occupants and patrons of the subject property or neighborhood.
4, The granting of this variance will not adversely affect the comprehensive General Plan
because the set back variance is based on unique circumstances involving only the subject
property. Therefore, the variance would not uniformly affect the properties of Carlsbad
and subsequently the City’s General Plan.
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 David Rick at (619) 438-1 161, extension 4328.
CITY CARLSBAD 1
GAR@. WAYNE
Assistant Planning Director
GEWDRkc
c: Bob Wojcik
Bobbie Hoder
Adrienne Landers
Ken Quon
Data Entry
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