HomeMy WebLinkAboutAV 90-12; Marshall Mack; Administrative Variance (AV) (12)P c. .
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March 1, 1991
Marshall Mack
3542 Donna Drive
Carlsbad, CA 92008
SUBJECT: quest to allow an existing wall within a front yard setback of a single family home to exceed the
maximum allowed height.
Dear Mr. Mack:
The Planning Director has completed a review of your application for an Administrative
Variance at 3542 Donna Drive. 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:
1. 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. Several properties along Lee
Court and Donna Drive contain front setbacks with equal or steeper grades than the
property at question. These properties include address numbers 2051, 2041, 2032,
2031,2021,2022 and 3052 of Lee Court and address numbers 3482,3470, and 3460
of Donna Drive. Yet, all of these properties do not contain walls exceeding 42”
within their front setbacks. Furthermore, approximately four feet of the wall under
review extends above the property’s grade and therefore isn’t intended for retaining
soil or preventing soil erosion. This portion of the wall is for decorative purposes
only, which does not constitute relief from unusual difficulties or unnecessary
hardships associated with the property at question.
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. Although there are some walls
exceeding the maximum allowed height in a front yard setback within the same
neighborhood, none of these property owners possess building permits or variances
for such walls. Therefore, none of these property owners possess a property right for
their nonconforming walls.
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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 both engineering and planning staff determined that the
wall interferes with safe sight distances for both motorists and pedestrians.
One concerned neighbor claims that he has already witnessed a near accident
between a child skateboarding off the property’s driveway and a vehicle traveling
northbound on Donna Drive at safe speeds. The driver simply was not able to see
the child exiting the driveway nor the child able to see the approaching vehicle due
to the wall’s obstruction of sight.
4. The granting of this variance WILL NOT adversely affect the comprehensive General
Plan because the wall is located on one single family lot only.
You have the right to appeal this decision to the Planning Commission within ten days of
receipt of this letter. Appeals must be submitted in writing to the Planning Commission a!
2075 Las Palmas Drive in Carlsbad, along with a payment of $110.00. The filing of such
appeal within such time limit shall stay the effective date of the order of the Land Use
Planning Manager until such time as a final decision on the appeal is reached. If you have
any questions regarding this matter, please feel free to contact David Rick at 438-1161, ext.
4328.
Assistad Planning Director
DR:km
C: Don Neu
Erin Letsch
Bob Wojcik
Don Rideout
Bob Wojcik
Karen Hirata
Data Entry