HomeMy WebLinkAbout1987-04-15; Planning Commission; ; AV 86-12 - MORRISONSTAFF REPORT
DATE : APRIL 15, 1987
TO : PLANNING COMMISSION
FROM : PLANNING DEPARTMENT
SUBJECT: AV 86-12 - MORRISON - Request for side yard variance to
permit a six-foot wall in the front yard setback.
I. RECOMMENDATION
That the Planning Commission ADOPT Resolution No.2632 DENYING AV
86-12 based on the findings contained therein.
11. PROJECT DESCRIPTION AND BACKGROUND
The applicant is appealing the Planning Director's denial of a
request for an administrative variance to allow a six-foot
concrete wall in the front yard, on both sides of the residence,
on property located at 3421 Ann Drive.
This item was referred to the Planning Department by the Code
Enforcement Officer who received a complaint about an illegal
wall in the front yard setback at this location. The wall was
constructed approximately four months ago. Staff could not
locate any record of a building permit for the wall. The
applicant applied for an administrative variance, but the
required findings could not be made and the variance request was
denied. The applicant is now appealing the Planning Director's
denial of the administrative variance.
111. ANALY S I S
Planning Issues
1. Can the four mandatory findings for a variance be made in
this case? They are as follows:
A) Are there exceptional or extraordinary circumstances or
conditions applicable to the property that do not apply
generally to other property in the same vicinity and
zone?
B) Is the granting of this variance necessary for the
preservation and enjoyment of a substantial property
right possessed by other property in the same vicinity
and zone?
C) Will the granting of this variance be detrimental to the
public welfare?
Discussion
L c
Staff cannot make the four mandatory findings required to grant a
variance. The first finding states that exceptional or
extraordinary circumstances must exist that do not generally
apply to other properties in the same vicinity and zone. The
applicant feels the circumstances are extraordinary because the
County Health Department requires that the swimming pool be
enclosed. This requirement states that there be a 60 inch
minimum height of wall and self-closing, self-latching gates.
Review of the plans points to convenience rather than necessity
as the rationale for the wall placement. The wall could be
located onsite so as to meet both regulations without undue
hardship and without the need for a variance.
A second finding is whether the applicant is being denied a
substantial property right enjoyed by other property owners in
the vicinity, It does not appear the applicant is being denied a
substantial property right enjoyed by other property owners in
the vicinity. The applicant refers to three examples: 1) a
hedge, and no complaints have been received regarding it, 2) a
fence which was built before the ordinance went into effect, and
3) a fence which an administrative variance was applied for and
denied by the Planning Director (AV 86-14 Bender).
Granting of this variance could be detrimental to the public
welfare, indirectly, in that approval of this variance could
establish an undesirable precedent since it would encourage the
construction of fences that did not comply with the setback
requirements without meeting the four required findings.
The General Plan for this area will not be adversely affected
because the density will not be increased.
In conclusion, staff cannot make the four findings necessary to
grant a variance and recommends that the Commission deny the
applicant's appeal of the Planning Director's denial of this
administrative variance.
IV. ENVIRONMENTAL REVIEW
The Planning Director has determined that this project is exempt
from environmental review based on Section 12.04.07 of the
Environmental Ordinance,
ATTACHMENTS
1. Planning Commission Resolution No. 2632
2. Location Map
3. Background Data Sheet
4. Disclosure Statement
5. Exhibit "A", dated September 23, 1986
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CHARLEEN
CARLSBAD HlQH SCHOOL
QENERAL PLAN
RL LOW DENSITYYO-1.S)
RM MEDIUM DENSITY(4.8)
RH HIGH DENSITY (13-23)
RESIMNtlAL
RLM LOW.MEDIL" DENSITY (0-4)
RMH MEDIUM HIGH DENSITY (8-15)
COMMERCIAL INTENSIVE REGIONAL RETAIL (cg. EXTENSIVE REGIONAL RETNL (e# RM RRI
RS REGIONAL SERVICE C COMMLNITY COMMERCIAL N SEIGHBORHOOD COMMERCIAL TS TRAVEL SERVICES COMMERCIAL 0 PROFESSIONAL REUTED
scnoou E ELEMENTARY
H HIGH SCI!OOL J JUNIOR HIGH
P PRIVATE
NM NON RESIDENTIAL RESERVE OS OPENSPACE
ZONINQ
COMMIRCIAL
C. 1 NEIGHBORHOOD COMMERCW LONE C.2 GENEDM COMMERCW ZOhT C.T CO"ERCW.TOLWST ZONE
0 OFFICEZONE
ZONE
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city of carlsbad
AV 86-12
BACKGROUND DATA SHEET
CASE NO: AV 86-12
APPLICANT: MORRISON
REQUEST AND CATION: Request to allow a six-foot high concrete fence in
front and side yard setbacks on a lot located at 3421 AM Drive.
LEGAL DESCRIPTION: Lot 26 of Carlsbad Gardens Unit No. 1 as recorded on Map
No, 3998 with the County of San Diego. APN: 205-153-03
Acres -17 Proposed No. of Lotsnnits N/A
GENWAL PLAN AND ZONING
Land Use Designation RLM
Density Allowed 0 - 3.2 Density Proposed N/A
Existing Zone R1-7500 Proposed Zone N/A
Surrounding Zoning and Land Use:
Zoning
Site R-1
North R-1
South R-1
East R-1
West R-1
Land Use
SF (Single Family)
SF
SF
SF
SF
PWLIC FACILITIES
School District Carlsbad Water Carlsbad Sewer Carlsbad EDU's
Public Facilities Fee Agreement, dated N/A
ENVIRONMENTAL IMPACT ASSESSMENT
Negative Declaration, issued
- E. I .R. Certified, dated
Other , Exempt per Section 14.04.07
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(Attach more slaaots if necessary)
. I/Wc daclaze uzdcr Penalty of perjury that the infomation contained in this dis-
closure is tzu9 and correct and that it will remain true and correct and may ba'
relied upon as bairq true and correct until amended.
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