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HomeMy WebLinkAbout1988-11-16; Planning Commission; ; AV 88-07 - WEISSAYrLICATIONCOMPLETEDATE: AUGUST 10, 1988 U STAFF REPORT DATE : NOVEMBER 16, 1988 TO : PLANNING COMMISSION FROM : PLANNING DEPARTMENT SUBJECT: AV 88-7 - WEISS - Appeal of Planning Director’s denial to allow an increase of fence height to seven feet on a 27 foot portion of a side yard fence at 3554 Sitio Baya in the PC Zone, in Local Facilities Management Zone 11. I. RECOmENDATION That the Planning Commission UPHOLD the decision of the Planning Director and ADOPT Resolution No. 2795 DENYING AV 88-7 based on the findings contained therein. 11. PROJECT DESCRIPTION The applicant is appealing the Planning Director’s denial of a request for an Administrative Variance to allow an increase of fence height to seven feet on a 27 foot portion of a side yard fence located at 3554 Sitio Baya. This item was referred to the Planning Department by the Code Enforcement Officer who received a complaint about a side yard fence above the maximum six feet allowed. The applicant applied for an Administrative Variance, but the required findings could not be made and the variance request was denied. The appl icant is now appealing the Planning Director’s denial of the Administrative Variance. 111. ANALYSIS P1 anni na Issues Can the four mandatory findings for a variance be made in this case? The are as fol 1 ows: 1) Are there exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone? 2) Is the granting of this variance necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone? 3) Will the granting of this variance be detrimental to the public we1 fare? 4) Will the granting of this variance adversely impact the General Plan? AV 88-7 - WEISS NOVEMBER 16, 1988 PAGE 2 DISCUSSION The P1 anni ng Director in denying the request could not make the four mandatory findings required to grant a variance. There are not exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to other properties in the same vicinity and zone. The applicant's stated purpose for the seven-foot high portion of the fence is to provide privacy for a spa that has been elevated above grade in the back yard. The spa could have been placed on a grade or 1 ocated in a more private portion of the yard. It should be noted that there have been no other requests for fence height variances in the vicinity. The requested variance is not necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question. The seven foot fence would afford the applicant a greater area of privacy than neighboring residences enjoy. In similar situations most homeowners use landscaping to enhance the privacy offered by a 6 foot fence. The granting of this variance could be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the property is located. The fence was constructed on top of additional fill which creates a significant negative visual impact on the adjacent lot. Allowing this fence would set an undesirable precedent since it would degrade the visual quality of the PC Zone in general and the neighborhood in particular. The General Plan for this area will not be adversely affected because no use change is proposed and the density will not be increased. In conclusion, it appears that the four required findings necessary to grant a variance cannot be made and staff recommends that the Commission deny the applicant's appeal of the Planning Director's denial of this Administrative Vari ance. IV. The Planning Director has determined that the project is categorically exempt under Section 15303(e) of the Cal i fornia Environmental Qual i ty Act which re1 ates to new construction or conversion of small structures. Attachments 1. 2. 3. 4. 5. 6. 7. 8. Planning Commission Resolution No. 2795 Location Map Background Data Sheet Di scl osure Statement Justification for Variance Applicant's Letter in Opposition Letter from applicant's attorney dated November 8, 1988 Exhi bits "A" - "C", dated July 11, 1988 November 1, 1988 HE: af 2075 US PALMAS DRIVE CARLSBAD, CA 920044859 h 1. Two site plans to scale showing: A. Legal description, address and location. B. A fence that is 60" minimum height with self-closing, self- latching gates, latches to be at least four .feet above grade, bottom of gate shall be no more than 4" above grade, and no openings in the fence shall be larger than 4". SPAS Two foot clearance from buildings, property lines and slopes. POOLS Five foot clearance from property lines, buildings, top of slopes and bottom of slopes, unless surcharge calculations are submitted for justification. C. Location of heater. 1. Heaters shall comply with all governing codes and manufacturer Is recommendations. (Stackless models may not terminate closer than 4' horizontally to any operable window). 2. May not be under roof overhangs. 3. Must be 4' clear from property lines. 2. Identify manufacturer of equipment and spas for approval. 3. Show proper drainage of surface water. '. -1 4. Show method 'of disposal of pool flushing water. 5. Call out the location for disposal of earth removed. 6. Expansive soil details are to be used unless a soils report for pool site is submitted. 7. NO GUNlTlNC OF ANY SWIMMING POOL OR SPA NOR INSPECTION OF STEEL AND BONDING SHALL BE PERMITTED UNTIL THE REQUIRED FENCING, GATES AND LATCHES ARE INSTALLED. n RIGHT OF WAY PERMITS FOR POOL AND SPA CONSTRUCTION A Right of Way permit is required if you are planning to construct a pool or a spa in the City of Carlsbad. A Right of Way permit costs $25.00. The contractor doing the work must fill in the Right of Way permit application. State contractor’s license and city business license numbers must be shown on the permit. Contractor must submit a Certificate of Insurance in the amount of $1,000,000.00 per incident of liability. That certificate must sDecificallv name the City as co-insured. The contractor must a1 so submit a site plan. The site plan must indicate where he intends to store, load, and unload his construction materials and any excavated material for the pool/spa. The site plan must indicate where the equipment will be working and where the material will be stored. If those materials are to be stored, loaded, or unloaded within the City right-of-way, a traffic control plan must be submitted with the Right of Way permit. A traffic control and pavement restoration cash deposit of $1,250.00 will then be required. The traffic control plan must be drawn per Engineering Pol icy 29 and submitted one to two weeks in advance of the proposed work. The traffic control plan must be reviewed and approved by the City’s traffic engineer before a Right of Way permit can be issued. If the site plan indicates that there will not be any storage, loading or unloading of construction materials within the right of way a $200.00 dollar deposit for any damage done to City property during the course of construction will be required. An Agreement for all deposits must be filled out, signed by the contractor and notarized prior to permit issuance. Deposits may be. refunded only after work is completed and approved by the City‘s Engineering Inspector. It is the responsibility of the permittee to submit a request for refund within 60 days of the completion of work and final approval by City‘s Engineering Inspector. Deposits not requested to be returned within this 60 day period are forfeited to the City. JOB ADDRESS: OWNERS NAME - USE ZONE DATE PERMIT NO. CONTFIAC?CR BUILDING PLBG. ELECTRICAL MECHANICAL GRADING SEWER . fi. - . ‘24 . NU! lsRR - wtdl$JEPA?r~zfn I,, uffLse”:n - APPROVED TO COVER - Section 5416. Health and Safety Co.. , 8Iate sf California - (a) There shall be not less than one water closet tor each 20 =nployees or fractional part thereof work. ing at a constructlon job site. .. .. -.._.. (b) The water closet shall consist of a patented chemical Vipi-i?'ilet or pit privy, provided, however, that a pit privy shall consist of a pit at least four feet aeep with a wall constructad chelter, the operlings of which shall be flyproofed, and with respect to which adequate sanitary and safe flooring shall be pro- vided. With the approval of the local health ofiicsr, other types of toildt fzcilitins cr n;oai:izatims of those speciiiod may be allowed. (c) For the purpose of this section the term construction site shall mean the locaticjn on which actuhl construction of a building is in progress. (d) A violation of this section shall constitute a misdemeanor. K '. I I' t I I I OWNERS NAMJI: USE ZONE DATE PERMIT NO. I I 'F2 \ o/ a:' i APPROVEDTOCOVER TYPE DATE LNSPECTOA NOTES BUlLDiNG 1 ' FOUNDATION 1 I REINFORCED STEEL MASONRY GUNITE OR GROUT SUB FRAME 0 FLOOR 0 CEILING SHEATHING 0 ROOF 0 SHEAR INSULATION FRAME c EXTERIOR LATH FINAL 0 SEWER AND BUCO 0 PUCO UNDERGROUND 0 WASTE 0 WATER -...- ~ ~~ /Ak]& TOP OUT 0 WASTE 0 WATER / f / TUB AND SHOWER PAN GAS TEST 0 WATER HEATER 0 SOLAR WATER - - INTERIOR LATH a DRYWALL PLUMBING -. I " " . FINAL ELECTRICAL n 0 ELECTRIC UNDERGROUND 0 UFER 2&t/tu 7" 0 ROUGH ELECTRIC 0 ELEGSRIC SERVtCE .€I TEMPORARYI" ".. 4 % - -. 7 - 4 ;"="." - -_ __ -- . -. .. & - .- ..- - , __ ". MECHANICAL -- . . 0 DUCT & PLEM., 0 REF. PIPING I .HEAT - AIR COND. SYSTEMS VENTILATING SYSTEMS FINAL 9 CALL FOR FINAL INSPECTION WHEN ALL APPROPRIATE) ITEMS ABOVE HAVE BEEN APPROVED. A FINAL Sign When Appropriate BUILDING DEPT. 438-31 01 I /f PLANNING DEPT. 438-1 161 X4235 FIRE DEPT. 931-2141 / - " ENGINEERING DEPT. 438-3550 t SPECIAL CONDITIONS I I I' '., REV. 1\IW SEE BACK FOR SPECIAL NO u.." ._ ._- - . ."._ . -__ . . . .. "_c I. Section 5416. Health and Safety Code, State of California .. . .. (a) There shall be not less than one water closet for each 20 =nployees or fractional part thereof work- ing at a construction job site. *. ...--.*__. * (b) The water closet shall consist of a patented chemical tip&-i?3et 0: pit privy, provided, however, that a pit privy shall consist of a pit at least four feet aeep with a wall constructed shelter, the operlings of which shall b8 flyproofed, and with respect to which adequate sanitary and safe flooring shall be pro- vidcd. With the approval of the local health ofiicer, other types of toilet fticilitins Gr rt;odificatims @f those speciiied may be allowed. c (c) For the purpose of this section the term construction site shall mean the location on whish actual construction of a building is in progress. (d) A violation of this section shail constitute a misdemeanor. u. e ADDlTlONAL NOTES 1 . '1 Y' 5 I .. ..