HomeMy WebLinkAboutAV 88-05; Kyle Masonry Retaining Wall; Administrative Variance (AV) (3)2075 LAS PALMAS DRIVE
PLANNING DEPARTMENT
January 4, 1988
Mr. James H. Kyle
7219 El Fuerte Street Carlsbad, CA 92009
Dear Mr. Kyle:
We have reviewed your application for approval of an existing
wall on your property. The plans, and a site inspection, show
that the wall exceeds the 6’ maximum allowed under the zoning code. For Planning Department approval, the wall must not exceed the maximum height at any point.
Under the provisions of the zoning code, you may apply for an Administrative Variance from the height limit, and we enclose a summary of the findings that must be made in order to approve such a variance.
Planning Department approval, if granted, does not preclude the
necessity to obtain Building and Engineering Department approvals
for the necessary permits.
Sincerely,
MURRAY FULFORD Associate Planner
MF: af
Encl .
21.50.140--21.51.
21.50.140 Council announcement of findings and deci- sion by resolution. The city council shall announce its findings and decision by formal resolution not more than twenty days following the termination of the hearing. Said resolution shall recite, among other things, the facts and reasons which, in the opinion of the city council, make the granting or denial of the variance or conditional use permit necessary to carry out the general purpose of this
title and shall order that the variance or conditional use pemit be qranted or denied or modified subject to such conditions or limitations that it nay impose. (Ord. 9530 .$3(part), 1979: Crd. 9060 51813).
21.50.150 Mailing of notice of decision of city council. Not later than seven days followins the adoution of a resolu- tion ordering that a va&ance or conditionai use permit be granted or denied, a copy of the resolution shall be mailed to the applicant and to any other parties requestin9 notice of the action, and one copy shall be attached to the plan- ning commission's file of the case and said file returned to the planning conmission for permanent filing. (Ord. 9530
S3(part), 1979; Ord. 9060 S1815).
Chapter 21.51
ADMINISTRATIVE VARIANCES
Sections :
21.51.010 Authority of land use planning manager to
21.51.020 Extent of variance.
21.51.030 Application and fees.
21.51.040 Notice and procedure. 21.51.050 Decision of the land use planning manager. 21.51.060 Effective date of variance--Appeal.
grant certain variances.
21.51.010 Authority of land use planning manager to grant certain variances. The land use planning manager
shall have the following powers and duties:
of this code as will not be contrary to its int-. =qt or to the' public health, safety and general welfare when, du-CtT special-..conditions._or--exceptional"c~~r~~~eri~~ic~'~o~ thej
property'&or 'of *ifish'location or surroundings as specif ied"in.2
subsection "(2) -of 'this section,. strict and literal interpre-'
tation and enforcement,of.-_the provisions of this code would result- in-,unusiiai" diff icultzes '.or- 'unnecessary ' hardship"arp be inconsistent, with .the=general pur?oss''.~f..this '.code .<
(1) To grant such variances from the zoning provisions
445 (Carlsbad 11/82)
(9 21.51.020
(d) That-the granting of such variance will not adversely affect the comprehensive general plan.
manager may impose such conditions as he deems necessary or desirable to protect the public health, safety and general welfare in accordance with the purpose and intent of this code. (Ord. 1256 S7(part), 1982; Ord. 9598 S2(part), 1981).
(3) In granting any variance, the land use planning
21.51-020 Extent of variance. Variances granted by the
land use planning manager shall be limited to: (1) Modification of distance or area regulations, pro- vided such modification does not exceed seventy-five percent
of required front, side or rear yards nor exceed ten percent of maximum lot coverage regulations:
(2) Modification of the minimum lot width regulations, provided such modification does not result in a lot width less than fifty feet: (3 )-yWalls 'ror.3.f ences .-ro-.axcee~-~~~-i~~s~~~~~~~y-.'th.' zbXiXg .regulation$--
(4) Modifications to the sign area regulations, pro- vided such modification does not exceed ten percent of the maximum allowed sign area;
vided such modification does not exceed ten 2ercent of the
maximum allowed sign height.
tion. shall be processed pursuant to Chapter 21.50 of this code. (Ord. 9651 S1, 1982: Ord. 1256 S7(part), 1982: Ord. 9598 S2 (part), 1981).
.,,. >".*&s,",.*.*" ..-",.*-- ... 1 -.. ". "."Y~-.'~(-~~~.*._,- 43 -a"."
(5) Modifications to the sign height regulations, pro-
All other variance applications not listed in this sec-
445-1 (Carlsbad 3/83)
21.51.030
21.51.030 Application and fees. (a) Application for a zone variance may be made by the owner of the property
affected or the authorized agent of the owner. Application shall be filed with the land use planning manager upon forms provided by him. The application shall state fully the cir- cumstances and conditions relied upon as grounds for the application and shall be accompanied by adequate plans, a legal description of the property involved and all other materials as specified by the land use planning manager.
shall pay a processing fee in an amount as specified by council
resolution. (Ord. 1256 §7(part), 1982; Ord. 9598 §2(part),
1981).
(b) At the time of filing the application the applicant
445-la (Carlsbad 3/83 1