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HomeMy WebLinkAbout1998-12-16; Planning Commission; Resolution 44120 0 c 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 PLANNING COMMISSION RESOLUTION NO. 4412 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, UPHOLDING THE TIVE VARIANCE TO ALLOW A WALL TO EXCEED THE MAXIMUM HEIGHT OF 42 INCHES IN A FRONT YARD SETBACK ON PROPERTY GENERALLY LOCATED AT 7245 CARPA COURT IN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: RYAN RESIDENCE DECORATIVE WALL CASE NO: AV 98-07 WHEREAS, Mary Ryan, “Developer”, has filed a verified application PLANNING DIRECTOR’S DENIAL OF AN ADMINISTRA- City of Carlsbad regarding property owned by Mary Ryan, “Owner”, described as Lot 4 of Carlsbad Tract 76-3 (La Costa Vale) Unit No.4, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 8583, filed in the Office of the County Recorder of San Diego County, May 25,1977. (“the Property”); and WHEREAS, said application constitutes a request as provided by Title 21 of the Municipal Code; and WHEREAS, said verified application constitutes a request for a Va shown on Exhibit “A”. dated December 16, 1998, on file in the Planning Departmen RESIDENCE DECORATIVE WALL, AV 98-07 provided by Chapter 21.50 of the Municipal Code; and WHEREAS, the Planning Commission did on the 16th day of Decembt hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all t and arguments, if any, of all persons desiring to be heard, said Commission considered 2 relating to the Variance. 0 e 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the 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 UPHOLDS THE PLANNING DIRECTOR’S DENIAL c RESIDENCE DECORATIVE WALL, AV 98-07 based on the f findings: FindinEs: 1. That there ARE NOT exceptional or extraordinary circumstances or cl applicable to the property or to the intended use that do not apply generally to property or class of use in the same vicinity and zone, in that other properties a1 in shape, size and topography. The front yard is sufficient in size to enable the 1 built outside the front yard setback. Furthermore, the wall which is for deco security purposes does not constitute relief fi-om unusual difficulties or urn hardships associated with the property in question. 2. That the requested variance IS NOT necessary for the preservation and enjoyn substantial property right possessed by other property in the same vicinity and which is denied to the property in question, in that no other property in the vicini approved wall or fence over 42 inches in height within the front yard setback. P there are other walls exceeding the maximum allowed height in a front yard within the same neighborhood, none of these property owners possess variances walls. Therefore, none of these property owners possess a property right for tl conforming walls. 3. The granting of this variance WOULD NOT be materially detrimental to th welfare or injurious to the property or improvements in the vicinity and zone in rn property is located, in that the overheight wall in the front yard does not interf adequate sight distance nor does is significantly affect the light and air circulatic neighboring properties. 4. The granting of this variance WILL NOT adversely affect the comprehensive Plan, in that the subject property is designated Residential Low-Medium (EM) Plan Land Use designation and walls are a typical component of residentially de areas. ... .. . I ... 1 PC RES0 NO. 4412 -2- e e t 1 2 3 4 5 6 PASSED, APPROVED AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on the 16th day of December, 195 following vote, to wit: AYES: Chairperson Noble, Commissioners Compas, Heineman, p Nielsen, Savary, and Welshons NOES: 7 II 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ABSENT: ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: ~ \ ~ Planning Director 11 PC RES0 NO. 4412 -3 -