HomeMy WebLinkAboutAV 90-05; FLAMING VARIANCE; Admin Decision LetterMarch 7, 1991
Roger L. Flamming
2815 Wilson Street
Carlsbad, CA 92008
RE:
City of Carlsbad
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PLANNING COMMISSION
NOTICE OF DECISION
At the Planning Commission meeting of February 20, 1991 , your application was
considered. The Commission voted 7-0 to uphold the Planning Directors Denial of your
request. Some decisions are final at Planning Commission, and others automatically go
forward to City Council. If you have any questions regarding the final dispositions of your
application, please call the Planning Department at 438-1161.
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Planning Director
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2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161
June 28, 1990
Rodger L. Flaming
2815 Wilson Street
Carlsbad, CA 92008
City of Carlsbad
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SUBJECT: ADMINISTRATIVE VARIANCE NO. 90-05 -Request for a 54" retaining wall
in the public right-of-way and a reduced front yard setback of 10.3 feet.
Dear Mr. Flaming:
The Planning Director has completed a review of your application for an Administrative
Variance at 2815 Wilson Street. 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.
Findings:
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 the subject property
is similar in shape and size to other developed properties in the vicinity and is not
topographically constrained.
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 the lot contains
sufficient areas that are suitable for buildings and placement of the existing
dwelling does not preclude access to usable areas in the rear of the dwelling unit.
3. The granting of this variance will 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 retaining wall in the public right-of-way creates a
hazard to pedestrians and restricts the sight visibility of vehicles exiting the site.
2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161
Rodger L. Flaming
June 28, 1990
Page 2
4. The granting of this variance will adversely direct the comprehensive General Plan
by creating incompabibility within the R-1 Zone by permitting a 54" wall in the
public right-of-way.
You have the right to appeal this decision to the Planning Commission within ten days
of receipt of this letter. [f you have any questions regarding this matter, please feel free
to call this office.
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Assistant Planning Director
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c: Erin Letsch
Bob Wojcik
Don Rideout
Project Engineer
Data Entry
Angelina