HomeMy WebLinkAbout2015-11-04; Planning Commission; Resolution 7131
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, DENYING THE APPEAL AND UPHOLDING THE
CITY PLANNER’S DENIAL OF A MINOR VARIANCE FOR A DECORATIVE
WALL TO EXCEED THE MAXIMUM ALLOWED HEIGHT OF FORTY TWO
INCHES (42”) IN THE FRONT YARD SETBACK OF A SINGLE FAMILY LOT
LOCATED AT 4826 KELLY DRIVE IN THE R-1-8,000 ZONE AND IN LOCAL
FACILITIES MANAGEMENT ZONE 1.
CASE NAME: MAHON RESIDENCE
CASE NO: AV 15-01
WHEREAS, Ian Mahon, “Developer/Owner,” has filed a verified application with
the City of Carlsbad regarding property described as
Lot 23 of Laguna Riviera Unit No. 1, in the City of Carlsbad, County of
San Diego, State of California, according to Map thereof No. 5871, filed
in the Office of the County Recorder of San Diego County, April 21,
1967
(“the Property”); and
WHEREAS, said verified application constitutes a request as provided by Title 21 of the
Carlsbad Municipal Code; and
WHEREAS, said verified application constitutes a request for a Minor Variance as shown
on Attachment No. 6, dated May 19, 2015, on file in the Planning Division, AV 15-01 – MAHON
RESIDENCE provided by Chapter 21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on November 4, 2015, 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 testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the Minor Variance.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad, California, as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning Commission
UPHOLDS THE CITY PLANNER’S DENIAL of the AV 15-01 – MAHON RESIDENCE, based
on the following findings and subject to the following conditions:
PLANNING COMMISSION RESOLUTION NO. 7131
PC RESO NO. 7131 -2-
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Findings:
1. There ARE NOT special circumstances applicable to the subject property, including size, shape,
topography, location or surroundings applicable to the property, and the strict application of the
zoning ordinance DOES NOT deprive such property of privileges enjoyed by other property in
the vicinity and under identical zoning classification in that the front yard is sufficient in size
(depth) to enable the wall to be built outside of the front yard setback. Furthermore, the wall
which is for decorative, noise attenuation or security purposes does not constitute relief from
unusual difficulties or unnecessary hardships associated with the property in question.
2. The requested variance WOULD constitute a grant of special privileges inconsistent with the
limitations upon other properties in the vicinity and zone in which the subject property is
located in that no other property in the vicinity has an approved wall or fence over 42 inches
in height within the front yard setback. Although, there are other walls exceeding the
maximum allowed height in a front yard setback within the same neighborhood, none of
these property owners possess variances for such walls. Therefore, none of these property
owners have been granted a special privilege for their non-conforming walls.
3. The granting of this variance WOULD authorize a use or activity which is not otherwise expressly
authorized by the zone regulation governing the subject property in that the subject property is
designated R-1-8,000 – One Family Residential Zone and walls as permitted by the Carlsbad
Municipal Code (CMC) are a typical component of residentially zoned areas. The proposed
wall is located within the front yard setback and is not permitted per CMC 21.46.130 which
restricts wall height to a maximum of 42 inches within the front yard setback.
4. The granting of this variance WILL adversely affect the general purpose and intent of the general
plan, in that the subject property is designated Residential Low-Medium (RLM) General Plan
Land Use designation and although walls are a typical component of residentially designated
areas, the subject wall is not consistent with development of single family neighborhoods and
does not preserve the neighborhood atmosphere and identity of the existing residential area.
5. The granting of this variance WOULD BE consistent with the general purpose and intent of the
certified local coastal program and WOULD NOT reduce or in any manner adversely affect the
requirements for protection of coastal resources in that it would not have any impact on
sensitive environmental resources.
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