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HomeMy WebLinkAbout1995-03-01; Planning Commission; Resolution 3738,p -\ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 P 0 PLANNING COMMISSION RESOLUTION NO. 3738 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, PARTIALLY OVERTURNING THE PLANNING DIRECTORS DENIAL OF AN ADMINISTRATIVE VARIANCE AND GRANTING A VARIANCE FOR SELECTED OVERHEIGHT WALLS IN THE FRONT, REAR AND INTERIOR SIDE YARDS ON A SINGLE FAMILY LOT LOCATED AT 1095 PALM AVENUE. CASE NAME: TAKAYAMA FENCE CASE NO: AV 92-06 WHEREAS, a verified application for certain property, to wit: A Portion of Lot 19 in Block B of the Resubdivision of a Portion of Alles Avocado Acres, according to Mag No. 2027 in the City of Carlsbad, County of San Diego, State of California has been filed with the City of Carlsbad, and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request for a] Administrative Variance appeal as provided by Title 21 of the Carlsbad Municipal Code: and WHEREAS, the Planning Commission did, on the 1st day of March, 1995 hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering al! testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to AV 92-06. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission partially overturns the Planning Director’s denial of AV 92-06, APPROVING a variance to Sections 21.46.100 and 21.46.130 of the Carlsbad Municipal Code for selected overheight walls in the front, interior side and rear yards, based on the following findings: I 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9 * Findings: 1. There are exceptional or extraordinary circumstances or conditions applicable to tl property or to the intended use that do not apply generally to the other proper or class of use in the same vicinity and zone since, on the street side front yard, tl relative elevations OF Adams Street and Palm Avenue allow a greater sight distant than on a typical intersection and, in the rear and interior side yards, the grad elevations of the subject property and neighboring properties are more significar than surrounding properties thereby causing an exceptional circumstance. 2. Portions of the requested variance are necessary for the preservation and enjoymer of a substantial property right possessed by other property in the same vicinity an zone but which is denied to the property in question since the street side Front yar wall is already constructed and a portion of the wall does not require lowering 1 preserve sight distance, therefore complete removal of the wall would cause a: unnecessary negative aesthetic appearance on the subject property. Lowering of th rear and interior side yard walls to a height of six Feet, as measured from the lowe elevation, would interfere with the subject property's ability to have a five foc barrier around their swimming pool and would reduce the level of privacy of th neighboring properties as seen from the subject property. 3. The granting of portions of this variance will not be materially detrimental to th public welfare or injurious to the property or improvements in the vicinity and zon in which the property is located because the overheight wall in the street side Fron yard, as approved, does not interfere with adequate sight distance and the rear ant interior side yard wall will be a maximum of 16 inches over six feet, thereby no significantly affecting the light and air circulation of the neighboring properties 4. The granting of this variance will not adversely affect the comprehensive Genera Plan because the subject property is designated Residential Low Medium (RLM and walls are a typical component of residentially designated areas. Conditions: 1. Partial approval is granted for AV 92-06, as shown on Exhibits "A" - "B, dated March 1, 1995, 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 applicant shall be allowed to maintain the existing Adams Street side yard wall to the rear of the Front yard setback (wall A on Exhibits "A" & "B", dated March I, 1995) at its existing height. 3. The applicant shall be allowed a wall along the rear yard and interior side yard (walls C and D on Exhibits "A" and "B", dated March 1, 1995) to a maximum of six feet, as measured From inside or outside elevation whichever is higher. The I I PC RES0 NO. 3738 -2 ~ I V 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I ? ab applicant shall obtain a building permit from the City for those portions of the wa that exceed six feet high, as measured from the lowest adjacent elevation. 4. The applicant shall be allowed a wall within the front yard (Walls E and F ( Exhibits "A" and "B", dated March 1,1995) at a conforming height of three and 01 half feet, except for that portion located on the Adams Street side shown on Exhilr "A", dated March 1, 1995, which can remain in its existing state. 5. This variance shall be void if the applicant does not apply for building perm within 10 days of approval and obtain a building permit within 30 days of approva and obtain final inspection and approval to bring the property into compliance wil the terms and conditions within 90 days of final approval of this variance. PASSED, APPROVED, AND ADOPTED at a regular meeting of tl: Planning Commission of the City of Carlsbad, California, held on the 1st day of Marc 1995, by the following vote, to wit: AYES: Chairperson Welshons, Commissioners Compas, Erwi~ Monroy, Nielsen, and Noble NOES: ABSENT: Commissioner Savary ABSTAIN: ATTEST KIM WEkSHONS, Chairperson CARLSBAD PLANNING COMMISSIOT Planning Director i PC RES0 NO. 3738 -3-