HomeMy WebLinkAboutAV 89-01; Perry Pool Wall; Administrative Variance (AV)Si e Family Variance $100.00
Oti,cr Variances $330.00
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Construction of a five-foot hiah wall enclosina a pool & patio area of a single-family
residence. At one point, a portion of the wall will encroach approximate1.y six feet
into the front yard setback area.
Location of Project
3650 Maria Lane, Carlsbad, CA 92008
Legal Description (complete)
A. P. 167-540-47, Lot 47 of Carlsbad Tract 81-19, Unit 2, Marv Montanas in the Citv
of Carlsbad Map 11595 filed 8-20-86.
Local Facility Management Zone
Site Acrea e Existing Land Use General Plan Zone
Assessors Parcel Number
A. P. 167-540-47
Residential - single, -30 acre!: 13330 ? SF+
n Owner "- -Applicant
Name (Print or Type)
I CERTIFY THAT I AM THE OWNER'S I CERTIFY THAT I AM THE LEGAL OWNER
City and State Zip Telephonl City and State Zip Telephone
Mailing Address Mailing Address yqo#.& $79 - 0\0*
Name (Print or Type)
AND THAT ALL THE ABOVE INFORMATION REPRESENTATIVE AND THAT ALL
IS TRUE AND CORRECT TO THE BEST OF THE ABOVE INFORMATION IS TRUE
MY KNOWLEDGE. AND CORRECT TO THE BEST OF
Edward A. Perry Victoria V. Perry
,3650 Maria Lane 720-1477
SAME
Carlsbad, CA 92008 ( 61 9) 598-9044
MY KNOWLEDGE.
SIGNATURE DATE
ROJECT NUMBER (S)
M89-1
h
CITY OF CARLSBAD
1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008
438-5821
ACCOUNT NO. I DESCRIPTION AMOUNT
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I I I 98606 RECEIPT NO. TOTAL 115 IdG I
DISCLOSURE FORM
APPLICANT: Edward A. Perry & Victoria V. Perrv (Lud1vTduals). Husband & Wife ..
Name (individual, partnership, joint-Venture, corporation, syndication)
Business Address 8825 Aero Drive, Ste. 305,'San Dip& Ca 97173
(61 9) 279-81 00
Telephone Number
AGENT: NONF
Name
Business Address
Telephone Number
MEMBERS: NONE
Name (individual, partner, joint Home Address
venture, corporation, syndication)
Business Address
Telephone Number Telephone Number
Name Home Address
Business Address
Telephone Number Telephone Number
(Attach more sheets if necessary)
llWe understand that if this project is located in the Coastal Zone, I Iwe will apply
for Coastal Commission Approval prior to development.
I/We acknowledge that in the process of reviewing this application, it may be
necessary for members of City Staff, Planning Commissioners, Design Review Board
members, or City Council members to inspect and enter the property that is the
subject of this application. I/We consent to entry for this purpose.
I/We declare under penalty of perjury that the information contained in this disclosure
is true and correct and that it will remain true and correct and may be relied upon
as being true and correct until amended.
BY
Agent, Owner, Partner
JUSTIFICATION FOR VARIANCE
By law, a Variance may be approved only if certain facts are found
to exist. Please read these requirements carefully and explain how
the proposed project meets each of these facts. Use additional
sheets if necessary.
I) Explain why there are exceptional or extraordinary circumstances
or conditions applicable to the property or to the intended use
that do not apply generally to the other property or class of use
in the same vicinity and zone:
This lot is unique in that it is a corner lot, surrounded on three
sides by streets & driveways, with the patio area of the house
fronting the two streets. The front yard is elevated eight to
ten feet above the front street and walkway on a 2:l sloping
bank. The usable surface of this front patiolpool area is
therefore restricted to an area with dimensions of approximately
35' x 40' or 1,400 S. F. 2. This patio area is the only private
outdoor family space available that we can enjoy. Without the
granting of the front yard setback variance, this small patio area would be restricted further in size, resulting in a portion
of this usable area being on the outside of the wall at the top of
a eight to ten foot-high slope. In most of the lots in this tract,
there is considerable area available for backyard recreational
activity and gardening.
2) Explain why such variance is 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:
Due to the corner configuration of this lot, the area normally
considered the back yard fronts on two streets - one being
considered the front yard street. This condition necessitates
that the typical backyard environment of this lot is subject to
restrictions that most of the back yard areas of lots in the tract
are not subjected to. Examples include property line fence
rights with fence heights exceeding 42" for other lots as opposed
to the 20' setback requirements and 42" fence height restriction
in our circumstance. The granting of this variance will allow
full use of the existing backyard surface area in a manner
consistent with the rights of other property owners in the
immediate tract and contiguous residential areas of Carlsbad.
3) Explain why the granting of such variance will not be materially
detrimental to the public welfare or injurious to the property or
improvements in such vicinity and zone in which the property is
located .
The placement of the wall as indicated on the site plan is
designed to blend with and enhance the neighborhood
architecture and to ensure the safety of my family as well as
my neighbors' children. It is my belief that the placement of
the wall at the ridgeline of the slope would more effectively
discourage attempts to climb the wall from the outside. Visually,
the location of the wall as requested in this application as
opposed to the location required by the setback is very similar
when viewed from the surrounding homes, the walkway and the
streets.There would be no dangerous or negative effect on the
line-of-sight of passing autos, bicyclists or pedestrians. The
wall would be placed at the top of the slope at a minimum
distance of twenty feet from the nearest curb line and
twenty-five feet from the radius of the corner. The wall will not
interfere with any neighbors' views nor infringe on their
property rights or be materially detrimental to the public
welfare.
4) Explain why the granting of such variance will not adversely
affect the comprehensive plan :
Permitting construction of the wall will not adversely affect
the welfare of the citizens of Carlsbad nor the economics
of the City or adversely affect the environment of the immediate
or adjacent residential subdivisions.
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LOCATION MAP
EDWARD 4 VICTORIA_ "".." .. .FERRY . 7"- RESIDENCE %"".I*.""