HomeMy WebLinkAboutAV 89-01; Perry Pool Wall; Administrative Variance (AV)2075 LAS PALMAS DRIVE CARLSBAD, CA 92009-4859
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PLANNING DEPAR7"ENT
TELEPHONE
(619) 438-1161
April 14, 1989
Edward and Victoria Perry 3650 Maria Lane Carlsbad, CA 92008
SUBJECT: ADMINISTRATIVE VARIANCE NO. 89-01 - Request for a five foot high wall
which encroaches approximately 6 feet into the front setback area enclosing a pool and patio area.
Dear Mr. 81 Mrs. Perry:
The Planning Director has completed a review of your application for an
Administrative Variance at 3650 Maria Lane. After careful consideration of the circumstances surrounding this request, the Planning Director has determined that the four findings required for granting an Administrative Variance can be made
and, therefore, approves this request based on the following findings and conditions.
Findinqs:
1. 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 because the property is a corner lot and a1 though the northern end of parcel is physically the side of the house the strict interpretation
of the Zoning Ordinance defines the north end as the front yard thereby
requiring a 20 foot setback vs. 10 foot. The location of the proposed wall
is also at the top of slope and therefore has the appearance of having a
greater setback.
2. The requested 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 because the parcel contiguaration dictates the location of private outdoor space on the Jot adequate in size for a pool and the location of the required
5 foot wall is dictated by the location of the pool, ie., a safe distance
from the pool water1 ine to the wall.
Page 2
3. The granting of this variance'will not 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 because the stuccoed block wall with decorative cap will be architecturally in keeping with the aesthetics of the general neighborhood and the total encroachment area into the "frontyard'' setback is less than 11%.
4. The granting of this variance will not adversely affect the comprehensive General Plan because the proposal meets the intent of the General Plan Goals and Policies by allowing reasonable use of private land without adversely affecting other property, improvements or property owners in the area.
Conditions:
1. Approval is granted for AV 89-01, as shown on Exhibit "A, dated April 14, 1989, on file in the Land Use Planning Office and incorporated herein by reference.
You have the right to appeal this decision to the Planning Commission within ten days of receipt of this letter. If you have any questions regarding this matter, please feel free to call this office.
CITY OF CARLSBAD
MICHAEL J. HOLZMIILER P1 anni ng Di rector
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