HomeMy WebLinkAboutAV 91-17; McGoldrick Residence; Administrative Variance (AV) (4)April 16, 1992
Hunsaker & .Associates
ATTN: Vanessa Turnage
101 79 Huennekens
San Diego, CA 92101
SUBJECT: :mmmm VARIANCE NO. 91-lFYReq~~t to allow il~l over height . , ). ., I
fence in the front yard setback.
Dear Vanessa:
The Planning Director has completed a review of your application for an Administrative
Variance, to allow an over height fence in the front yard setback at 7046 Partridge Place.
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.
1.
2.
3.
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 lot's frontage follows the
tangent of the cul-de-sac which results in a front structural setback which is wider
than the required 20' along the western portion of the structure and the minimum
20' along the eastern end of the structure. The proposed 5.5' decorative privacy
wall which runs parallel to the front of the structure is therefore outside the front
setback along most of the frontage, however, due to the front property line and
front yard setback curvature, the wall encroaches 3' into the front yard setback
along the eastern end of the lot.
The requested variance is 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 owners of the same model
of other homes in the neighborhood have constructed identical privacy walls.
Privacy walls were shown on building plan elevations and sales brochures with no
indication that some lots could not accommodate the walls due to encroachment
into front yard setbacks.
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 tm
2075 Las Palmas Drive - Carlsbad, California 92009-1 576 - (61 9) 438-1 161 @
AV 19-17 - 7046 PARTRIDGE PLACE
APRIL 16,1992
PAGE 2
property is located because the overheight wall, which encroaches into the front
yard setback a maximum of 3' along the eastern portion of the lot does not
substantially reduce open space, and no sight distance problems are created by the
Wall.
4. The granting of this variance will not adversely affect the comprehensive General
Plan because the proposed variance allowing an overheight fence in the front yard
setback of a single family residence does not conflict with the goals and objectives
specified in any element of the General Plan, nor the General Plan as a
comprehensive document.
conditions:
1) Approval is granted for Administrative Variance AV 91 -1 7, as shown on Exhibits "A -
B" dated April 16, 1992, incorporated herein by reference and on file in the
Planning Department. Development shall occur substantially as shown unless
otherwise noted in these conditions.
2) The wall shall be constructed so that it does not interfere with drainage away from
the building foundation.
This decision may be appealed by you or any member of the public to the Planning
Commission within ten days of receipt of this letter. Appeals must be submitted in writing
to the Planning Commission at 2075 Las Palmas Drive in Carlsbad, along with a payment
of $110.00. The filing of such appeal within such time limit shall stay the effective date of
the order of the Planning Director until such time as a final decision on the appeal is
reached. If you have any questions regarding this matter, please feel free to contact Anne
Hysong at (619) 438-1161, extension 4477.
t Planning Director
GW:AH:vd
c: Bob Wojcik
Erin Letsch
Don Rideout
Project Engineer
Data Ent
Mr. 81 Mrs Lance McGolrick
7046 Partridge Place