The URL can be used to link to this page

Home My WebLink About1987-04-15; Planning Commission; ; AV 86-14 -BENDERP STAFF RBPORV *. DATE : APRIL 15, 1987 TO : PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: AV 86-14 - BENDER - Request to allow a 59' - 64' high wooden fence in front yard at 2955 Valley Street I. RECOMMENDATION That the Planning Commission ADOPT Resolution No. 2631 DENYING AV 86-14 based on the findings contained herein. 11. PROJECT DESCRIPTION AND BACKGROUND The applicant is appealing the Planning Director's denial of an administrative variance to allow a 59 to 64 inch high wooden fence in the front yard setback on property located at 2955 Valley Street. This item was originally referred to the Planning Department by the code enforcement officer who received a complaint about an illegal fence in the front yard setback at this location. The applicant subsequently applied for an administrative variance. The Planning Director was unable to make the necessary findings and the variance request was denied. The Applicant is appealing the denial of the administrative variance. It should be noted that in addition to the fence being constructed illegally, it also encroaches five feet into the public right-of-way. This variance is solely for that portion of the fence located on the applicant's property. 111, ANALYSIS 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 of conditions applicable to the property that do not apply generally to any other .property in the same vicinity and zone? 2 P 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? D) Will the granting of the variance adversely affect the General Plan? Discussion 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. Comparison of the subject property to other properties in the same vicinity and zone does not reveal any substantial difference that would justify making a finding of exceptional or extraordinary circumstance peculiar to the site. The development rights of the property are equal to its neighbors. The size, shape, and other spatial features of the lot are similar to other lots in the vicinity. The applicant's submittal indicates a history of harassment from people in the public right-of-way. Staff, while sympathetic to the plight of the applicant, believes there are appropriate civil or criminal law remedies to the situation that would speak more directly to the problem rather than issuing a variance. A second finding is whether the applicant is being denied a substantial property right enjoyed by other property owners in the vicinity. Review of the area does not reveal fences similar to the applicant's request or previous variances issued in this neighborhood. Staff also believes that the granting of this variance could be detrimental to the public welfare and cannot make the third finding. This variance could establish an undesirable precedent since it would encourage construction of fences that do not comply with current setback requirements and could reduce visual quality in the area. This variance would also grant the applicant an entitlement not enjoyed by the neighbors. 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 mandatory findings for a variance and recommends that the Commission deny the applicant's appeal of the Planning Director's denial of this Administrative Variance. -2- IV. ENVIRONMENTAL REVIEW The Planning Director has determined that this project is exempt from environmental review based on Section 12.04.07 of the Environmen'tal Ordinance (Class 3 Categorical Exemption) per CEQA. ATTACHMENTS 1. Planning Commission Resolution No. 2631 2. Location Map 3. Backgound Data Sheet 4. Disclosure Statement 5. Exhibit "A", dated October 6, 1986. DC:dm -3- I LOCATION. MAP 4 City of Carlsbad GENERAL PLAN ZONINQ RL LOU DESSITY ( 0. I + 1 RCSIDINTIAL RCSIMNTIAL P.C PLAFSED COMML?4ITY ZONE R.A RLSIDENIUL AGRICC'LTCML ZOhT R.E RLRU WIDl3W ESTATE ZONE R. I OM-FAMILY RESIDESTIAL ZONT R.2 WO-FAMILY RESIDE.*TW ZONE RLM LOWMEDILM DENSITY (O.*) RMH MEDIL" HlGHDENSlrY(8.l9) RH MEDIC" DENSITY(4.8) RH HIGH DENSITY( 15.23) rn EXnsSM REGlosAL RETAIL (q Cu Counu?. Carlrbad) RD.M MIDEKrL4l DENSlTY.MC'LTIPL+ LOHE RRI IXTEKSnT REGIONAL RETAIL (q. PI- CUnlm R. 3L LIMITED MULTI.F&WILY RESIDE3TW ZOhT COMMCRCIAL R. 3 .MULTIPLE FAMILY RESID€"FIW ZONE Rs REGIONAL SER\lCE RD-H RESIDEhTW DENSlTY.HICH LOhE C COWMLNITY COMMERCIAL RMHP RESIDWTW MOBILE HOME PARK ZOhT TS TR4bTL SERVICES COMMERCIAL S SEIGHBORHOOD COMMERCIAL R.P RESIDL?XI.M PROFESSIONAL ZONE 0 PROFESSIONAL RElATED PI PLCYNED ISDLSTIUAL G G0VERE;MEI;T FACILITIES C. I ?rEIGM)ORJIOOD COMMERCIAL ZOhT L FTBUC CTIUTIES c. 2 GEMlW COMMUCW ZOhT RT RESID€.lUl TOCRJST ZONE RW R€SlD€\TW WATERWAY ZONE CBD CENTRAL BCSINESS DISTRICT coMMcnclAL 0 OFFICEZONE RC RECRMTION COMMERCIAL C.T COMMERCW..TawT ZONE scnooLs E ELEMENTARY J JLSIOR HIGH P.M PIANNED INDUsTltw ZOM H HIGHSCHOOL P PWATE F-P ROODPLAIN OYERIAY ZONE C.M HEAWCO"EKLAL.LIMITED hDl3IRl.U ZONE M INDL'STRWTONE mar OS OPEN SPACE L-c LIMmDcomL SRR SOS RESlDESTL4L RESERIZ 05 OPENSPACE P.U RBUC Lm ZONE AV 86-14 BACKGROUND DATA SHEET CASE NO: AV 86-14 APPLICANT : BENDER REQUEST AND LOCATION: Request to allow a 59 - 64" high cedar fence in the front yard setback on a lot located at 2955 Valley Street. LEGAL DESCRIPTION: Lot 5 of Tract 121 of Carlsbad Lands as shown on Map 1661 filed March 1, 1915 APN: 156-200-05 Acres .35 Proposed No. of Lotdunits N/A GENERAL PIAN AND ZONING Land Use Designation RLM Density Allowed 0 - 3.2 Density Proposed N/A Existing Zone R-1 7500 Proposed Zone N/A Surrounding Zoning and Land Use: Z oninq Site R1 7500 North RL 7500 South RL 7500 East RL 7500 West RL 7500 Land Use RLM SFR SFR Agric SFR PUBLIC FACILITIES School District Carlsbad Water Carlsbad Sewer Carlsbad EDU's Public Facilities Fee Agreement, dated N/A ENVIRONMEN!l'AL IMPACT ASSESSMENT Negative Declaration, issued E.I.R. Certified, dated Other , Exempt per Section 19.04.07 APPLI- : MELODIE ANN BENDER (ANDERSON) (individual, partnership, joint venture, corptation, syndicarioa) 630 Alta Vista Drive, Suite 102, Vista, California Business Address 758-7160 Telaphono Nlnahr . HEMBERS: Tclephonm Nmbr Telephonr Sru!aber (Attach more shaots if necessary) I I J I I -E I