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HomeMy WebLinkAboutAV 91-17; McGoldrick Residence; Administrative Variance (AV) (4)April 16, 1992 Hunsaker & .Associates ATTN: Vanessa Turnage 101 79 Huennekens San Diego, CA 92101 SUBJECT: :mmmm VARIANCE NO. 91-lFYReq~~t to allow il~l over height . , ). ., I fence in the front yard setback. Dear Vanessa: The Planning Director has completed a review of your application for an Administrative Variance, to allow an over height fence in the front yard setback at 7046 Partridge Place. 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. 1. 2. 3. 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 lot's frontage follows the tangent of the cul-de-sac which results in a front structural setback which is wider than the required 20' along the western portion of the structure and the minimum 20' along the eastern end of the structure. The proposed 5.5' decorative privacy wall which runs parallel to the front of the structure is therefore outside the front setback along most of the frontage, however, due to the front property line and front yard setback curvature, the wall encroaches 3' into the front yard setback along the eastern end of the lot. 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 owners of the same model of other homes in the neighborhood have constructed identical privacy walls. Privacy walls were shown on building plan elevations and sales brochures with no indication that some lots could not accommodate the walls due to encroachment into front yard setbacks. 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 tm 2075 Las Palmas Drive - Carlsbad, California 92009-1 576 - (61 9) 438-1 161 @ AV 19-17 - 7046 PARTRIDGE PLACE APRIL 16,1992 PAGE 2 property is located because the overheight wall, which encroaches into the front yard setback a maximum of 3' along the eastern portion of the lot does not substantially reduce open space, and no sight distance problems are created by the Wall. 4. The granting of this variance will not adversely affect the comprehensive General Plan because the proposed variance allowing an overheight fence in the front yard setback of a single family residence does not conflict with the goals and objectives specified in any element of the General Plan, nor the General Plan as a comprehensive document. conditions: 1) Approval is granted for Administrative Variance AV 91 -1 7, as shown on Exhibits "A - B" dated April 16, 1992, incorporated herein by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 2) The wall shall be constructed so that it does not interfere with drainage away from the building foundation. This decision may be appealed by you or any member of the public to the Planning Commission within ten days of receipt of this letter. Appeals must be submitted in writing to the Planning Commission at 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 Planning Director 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 Anne Hysong at (619) 438-1161, extension 4477. t Planning Director GW:AH:vd c: Bob Wojcik Erin Letsch Don Rideout Project Engineer Data Ent Mr. 81 Mrs Lance McGolrick 7046 Partridge Place