HomeMy WebLinkAboutAV 89-01; PERRY POOL WALL; Admin Decision Letter.:
2075 LAS PALMAS DRIVE
CARLSBAD, CA 92009-4859
April 14, 1989
Edward and Victoria Perry
3650 Maria Lane
Carlsbad, CA 92008
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PLANNING DEPARTMENT
TELEPHONE
(619) 438-1161
SUBJECT: ADMINISTRATIVE VARIANCE NO. 89-01 -Request for a five foot high wall
which encroaches approximately 6 feet into the front setback area
enclosing a pool and patio area.
Dear Mr. & Mrs. Perry:
The Planning Director has completed a review of your application for an
Administrative Variance at 3650 Maria 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.
Findings:
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 property is a corner lot and although the northern end
of parcel is physically the side of the house the strict interpretation
of the Zoning Ordinance defines the north end as the front yard thereby
requiring a 20 foot setback vs. 10 foot. The location of the proposed wall
is also at the top of slope and therefore has the appearance of having a
greater setback.
2. The requested variance is necessary for the preservation and enjoyment of
a substant i a 1 property right possessed by other property in the same
vicinity and zone but which is denied to the property in question because
the parcel contiguaration dictates the location of private outdoor space
on the lot adequate in size for a pool and the location of the required
5 foot wall is dictated by the location of the pool, ie., a safe distance
from the pool waterline to the wall.
Page 2
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 stuccoed block wall
with decorative cap will be architecturally in keeping with the aesthetics
of the general neighborhood and the total encroachment area into the
"frontyard" setback is less than 11%.
4. The granting of this variance will not adversely affect the comprehensive
General Plan because the proposal meets the intent of the General Plan
Goals and Policies by allowing reasonable use of private land without
adversely affecting other property, improvements or property owners in the
area.
Conditions:
I. Approval is granted for AV 89-01, as shown on Exhibit "A, dated April 14,
1989, on file in the Land Use Planning Office and incorporated herein by
reference.
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
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