HomeMy WebLinkAbout1990-10-17; Planning Commission; ; AV 90-04 - THOMPSON WALLDATE:
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I.
GW STAFF REPORT
OCTOBER 17,1990
PLANNING COMMISSION
PLANNING DEPARTMENT
AV 904 - THOMPSON WALL - Request for an appeal of the Planning
Director's decision to deny a request for a retaining wall over six feet in
height in the side and rear yard setback at 1809 Oak Avenue.
RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 3123
UPHOLDING the Planning Director's decision to DENY AV 90-4, based upon the findings
contained therein.
11. PROJECT DESCRIPTION AND BACKGROUND
In September of 1984 a single-family residence was constructed at 1809 Oak Avenue.
Prior to the construction of the residence, a retaining wall was permitted and installed
along the eastern and southeastern property lines, allowing fill in the rear yard of the site.
While the building permit application showed a maximum wall height of six feet, the wall
was actually installed at a maximum height of nine feet four inches. No records exist of
either a final inspection of the wall or any code enforcement action at the time of
installation. A 6 foot high fence currently sits on top of the wall, the combination totalling
15 feet, 4 inches.
In September of 1985, a swimming pool was constructed in the southeast comer of the
rear yard. Over time, the combined weight of the swimming pool and fill has weakened
the existing retaining wall and cracks are evident. Consequently, in July, 1989, the
applicant applied for a second retaining wall permit, maximum 7'4" in height, to install
behind the existing wall for reinforcement. At this time, the Planning Department
planchecker notified the applicant that a variance was needed for both the existing wall
and the proposed reinforcement wall. On April 10, 1990, an Administrative Variance was
applied for and on August 21, 1990, the Planning Director determined that the required
findings could not be made. Below is a discussion of these findings. The applicant
subsequently requested an appeal of this determination on August 22, 1990.
111. ANALYSIS
Can the findings required for a variance be found, more specifically:
1. Are there exceptional or extraordinary circumstances or conditions, applicable to the
property that do not apply generally to other properties in the same vicinity?
AV 90-4 - THOMPSON I, LL
OCTOBER 17,1990
PAGE 2
2. Is this variance necessary for the preservation and enjoyment of a substantial
property right possessed by other property in the same vicinity?
3. Will the granting of this variance be materially detrimental to public welfare or
injurious to the property or improvements in the vicinity?
4. Will the granting of this variance adversely affect the comprehensive general plan?
DISCUSSION
Extraordinary or Excer>tional Circumstances
Exceptional circumstances do not exist in this area. The increased height of the existing
retaining wall has allowed a larger side and rear yard and a pool has been constructed
within this side yard, however the topography over this lot is similar to the surrounding
residences which do not have overheight retaining walls. While the swimming pool would
have to be removed or reduced in size to lower the existing retaining wall, this was not
considered by staff as an extraordinary circumstance.
Preservation of ProDerty Right
The increased retaining wall height has allowed a larger flat area in the side and rear yard
than would have occurred with the permitted six foot high wall. This consequently
allowed a swimming pool to be installed in the southeast corner of the lot. As discussed
above, the lowering of the existing wall would require removal or reduction in size of the
swimming pool, however there is adequate room in the rear and opposite side yard to
accommodate a swimming pool and usable yard space. Because of these facts, the variance
is not necessary for the preservation and enjoyment of a substantial property right
possessed by other property in the same vicinity.
Materiallv Detrimental to Neighboring ProDerties
While the granting of this variance would allow the retaining wall to remain in place and
subsequently be reinforced to increase stability, the construction of a 15 foot, 4 inch high
wall and fence is a material detriment to adjacent lots to the east. This impact has been
accentuated by grading for the 7 lot single family subdivision to the east (CT 85-13,
Canyon Place) which has created a 10 foot slope at the base of the wall/fence combination.
As such, this hding cannot be made.
Affect on General Plan
Since the area is designated for residential uses of low to medium density and the retaining
wall is for the single-family dwelling, neither approval nor denial of this variance will
adversely affect the comprehensive general plan.
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AV 90-4 - THOMPSON U
OCTOBER 17,1990
PAGE 3
rv. ENVIRONMENTAL REVIEW
According to Section 15270 of the California Environmental Quality Act no environmental
review is required for projects that a public agency rejects or disapproves. The Planning
Director has therefore issued a Notice of Exemption on September 14, 1990.
In summary, considering the similar topography of neighboring lots, the adequacy of space
in the rear and side yards for a swimming pool or other recreational amenities and the
impacts to the neighbors to the east, the findings required for a variance cannot be made.
Staff therefore recommends denial of AV 90-4.
ATTACHMENTS
1. Planning Commission Resolution No. 3123
2. Location Map
3. Background Data Sheet
4. Attachment "A" - Letter from applicant dated August 22, 1990
5. Exhibit "A" dated October 17, 1990.
September 13, 1990
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