HomeMy WebLinkAboutAV 89-11; Whitehead Front Wall; Administrative Variance (AV)December 5, 1989
, Keith & Deborah Whitehead
2540 Chestnut Avenue
Carlsbad, CA 92008
SUBJECT: ADMINISTRATIVE VARIANCE NO. 89-11 - Request to allow an
overheight wall located within the 10' ROW adjacent to the 20' front yard
setback of a single family residence.
Dear Mr. and Mrs. Whitehead:
The Planning Director has completed a review of your application for an Administrative
Variance at 2540 Chestnut Avenue. After careful consideration of the circumstances
surrounding this request, the Planning Director has determined that the four findings
required for granting an Administrative Variance cannot be made and, therefore, denies
this request based on the following findings and conditions.
Findings:
There are not 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. There are 9 other houses
fronting on Chestnut Avenue between El Camino Real and Sierra Morena where
this segment of Chestnut Avenue terminates. Occupants of these residences
experience the same exposure to traffic and noise generated by traffic on Chestnut
Avenue. The only other fence/wall in the vicinity exceeding 42" in the front yard
setback or ROW is a 6' rear yard fence which is perpendicular to Chestnut and is
permitted on corner lots along the rear property lines.
2. 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 because other properties located
along Chestnut Avenue have the same exposure to Chestnut Avenue as the subject
property. With the exception of one flag lot, nine (9) other properties have
driveways and front yards that front on Chestnut Avenue. None of the other
properties have retaining walls/fences above 42" in the front yard setback.
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2075 Las Palmas Drive = Carlsbad. California 92009-4859 = (619) 438-1 161
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3. The granting of. this variance will 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 subject wall reduces line of sight driveway visibility
for vehicles backing out into the public ROW. The wall also reduces the openness
of the front yard setback that runs along the block and provides visual relief from
structures.
4. The granting of this variance will adversely affect the comprehensive General Plan
because the 37” - 76“ stucco wall is constructed 1 foot inside the 10’ City ROW
without an encroachment permit. The Circulation Element of the General Plan calls
for Engineering Standards which set street right-of-way widths for City streets. The
ROW width includes curb to curb street width as well as 10’ of ROW behind each
curb. The construction of fences is not permitted in this right-of-way without an
encroachment permit.
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 at 438-1161.
Because the subject wall/fence is located within the ROW, it is necessary that you obtain
an encroachment permit in addition to lowering the wall to the maximum 42” allowed in
front yard setbacks. This permit may be obtained through the Engineering Department
(see attached ordinance and procedure).
a”- Planning Director
MJH:AH:lh
C: Erin Letsch
Bob Wojcik