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HomeMy WebLinkAboutAV 92-06; Takayama Fence; Administrative Variance (AV) (4)October 18, 1994 ' Dave Hanson 8285 Tait Street, Apt. E Oceanside, CA 92054 SUBJECT: ADMINISTRATIVE VARIANCE NO. 9266 - TAKAYAMA FENCE - Request for an overheight wall in the front, side and rear yard setbacks, located at 1095 Palm Avenue, at the southwest comer of Adams Street and Palm Avenue. The Planning Director has completed a review of your application for an Administrative Variance, for the allowance of an overheight wall in the front, side and rear yard setback. 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 for the front yard walls over 42 inches in height, rear yard wall (southerly property line) and the interior side yard wall (westerly property line) and, therefore, DENIES this portion of the Administrative Variance request. The Planning Director has determined that the four findings required for granting an Administrative Variance can be made for up to five feet of the street side yard wall (easterly property line) as viewed from the eventual street grade along the Adams Street frontage and, therefore, APPROVES that portion of this request based on the following findings and conditions. Findinm: 1. There are exceptional or extraordinary conditions applicable to the property that do not apply generally to other property in the same vicinity and zone because there is an elevation difference between the side and rear yard of the subject property and Adams Street causing the need for an overheight wall from the interior perspective to provide a five foot high barrier from the Adam Street perspective. No exceptional or extraordinary conditions are applicable to the front, rear or interior side yard areas of the property since there is no significant grade difference between the neighboring properties. 2. The Administrative Variance to increase- the street side wall height is necessary to preserve a substantial property right possessed by other property in the vicinity because a minimum five foot high exterior barrier is required for all swmg pools. Denial of five feet of the street side overheight wall would not allow this barrier to occur and therefore would not allow a swimniing pool in the rear yard while other properties in the area contain swimming pools. The denial of the front, rear and interior side yard overheight walls does not preclude a substantial property right since there is not a similar grade differential. The front, rear and interior side yard walls could be lowered to a conforming height and still offer the required five foot exterior barrier to the swimming pool. 2075 Las Palmas Drive - Carlsbad. California 92009-1576 - (619) 438-1 161 @ I _.- AV 92-06 - TAKAYAMA FENCE SEPTEMBER 30, 1994 PAGE 2 3. The increased street side wall height will not be materially detrimental to the public welfare or injurious to surrounding properties or improvements since the exterior elevation of the wall will not exceed five feet in height, which is below the accepted maximum wall height in residentially designated zones. The increased front, rear and interior yard overheight walls would be injurious to the surrounding properties since it would expose the properties to the west and south of the subject property to a solid barrier over six feet in height which reduces light and air circulation. 4. ' The site is designated Residential Low Medium Density (RLM) in the City's General Plan and walls are one of the typical components found in residential areas. Therefore the granting or denial of this variance will not adversely affect the General Plan. Conditions: 1. Approval is granted for AV 94-02, as shown on Exhibits "A - "B, dated September 12, 1994, incorporated by reference and on tile in the Planning Dement. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. As shown by the bubbled and crosshatched areas on Exhibits "A" - "B', dated September 12, 1994, the approval granted through AV 94-02 applies only to five feet of exposed wall above the eventual street grade along the Adams Street frontage (easterly property line) and does not apply to the overheight walls along the front yard, rear yard (southerly property line) and interior side yard (westerly property line). 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 $120.00. 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 Mike Grim at (619) 438-1161. extension 4499. ~ Ass&ant Plannini Director c: Bob Wojcik Data Entry Bobbie Hoder File Copy Don Neu Jim Davis