HomeMy WebLinkAboutAV 87-05; RONALD BANKS RETAINING WALL; Admin Decision LetterPLANNING DEPARTMENT
Citp of Carlibab
December 22, 1987
Ronald Banks
2740 Argonauta Street
Carlsbad, California 92009
2075 LAS PALMAS DRIVE
CARLSBAD, CALIFORNIA 92009-4859
(619) 438-1161
SUBJECT: ADMINISTRATIVE VARIANCE NO. AV 87-5 -An eight foot
high criblock retaining wall within the required
rear yard setback at northeast corner of property
located at 2740 Argonuata Street.
Dear Mr. Banks:
The Planning Director has completed a review of your
application for an administrative variance at 2740 Argonauta
Street. After careful consideration of circumstances
surrounding the 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.
Findings:
1. There are not exceptional or extraordinary circumstances
or conditions applicable to the property or the
intended use that do not apply generally to other
property or class of use in the same vicinity and zone.
This is because the property is of average slope and
dimensions when compared with others in the vicinity.
Also, other properties in the area with similarly
sloping yards have been able to get usable level areas
via graded slopes rather than retaining walls.
2. The requested variance is not necessary for the
preservation and enjoyment of a substantial property
right possessed by other property in the same zone and
vicinity but which is denied to the property in
question. This is because in order to have a usable
rear yard, there are several options available which
would not require a variance and yet would still afford
a level area of equal or greater size comparable to
neighboring properties. The wall could be constructed
outside the setback, reduced in height, or exchanged for
graded slopes as appear on neighboring properties.
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This wall as proposed would afford the property a
privilege not currently enjoyed by other properties in
the vicinity and would set an undesirable precedent.
3. The granting of this variance would be materially
detrimental to the public welfare and injurious to the
property or improvements in the vicinity and zone in
which the property is located. This is because the wall
as proposed blocks the view significantly afforded to
neighboring properties. Also, the intended recreational
use, a basketball court and pool, would generate noise
and possibly light and glare that could adversely impact
those neighboring properties. Finally, putting elevated
family recreational facilities close to the lot line
where it boarders the duplex lots eliminates any
buffering between these uses.
4. Granting of this variance would not adversely affect the
general plan because no use change is being proposed for
the property.
You have the right to appeal this decision to the Planning
Commission within ten days of receipt of this letter. If you
have any questions regarding this matter, please feel free to
call this office.
CITY OF CARLSBAD
MICHAEL J. HOLZMILLER
Planning Director
LT:dm