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Home My WebLink AboutAV 92-01; Edwards Amos Administrative Variance; Administrative Variance (AV)September 22, 1992 John Blake 1739 Red Barn Road Encinitas, CA 92024 SUBTEm: ADMINISTRATIVE VARIANCE 92-1- Request for a reduced side yard setback, a 6’ high fence in the front yard setback, and a recreational vehicle within the front yard setback. Dear Mr. Blake: The Planning Director has completed a review of your application for an Administrative Variance, for the following: 1) The reduction of one interior side yard setback from 10 feet to 6.45 feet; 2) The location of a 6 foot fence along the southern side property line within the front yard setback; and 3) The open parking of a recreational vehicle within the front yard setback at 7119 Argonauta Way. After careful consideration of the circumstances surrounding these requests, the Planning Director has determined that the four findings required for granting an Administrative Variance can be made and, therefore, APPROVES these requests based on the following findings and conditions. 1. REDUCED SIDE YARD SETBACK 1 .a 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 property lines were created prior to the subsequent grading which created building pads for individual custom homes. Grading.necessary to create building pads for lots 719 and 720 resulted in the side property line (separating Parcels 719 and 720) being located toward the bottom of a 2:l slope. This is contrary to the preferred subdivision design specified in Chapter 20.16.010(10) of the Carlsbad Municipal Code which states that side and rear property lines shall be located at the top of slope. 1.b 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 unlike other property owners in the vicinity, the applicant must maintain a portion of the downhill slope separating his parcel from the adjacent parcel since the property line is located near the bottom of the slope. The slope is not visible to the applicant and not easily 2075 Las Palmas Drive - Carlsbad, California 92009-1 576 - (61 9) 438-1 161 @ h ADMINISTRATIVE VARIANCE AV 92-01 - EDWARDS SEPTEMBER 22,1992 1 .c 1 .d 2. 2.a 2.b accessible. Due to the property line location the applicant must share landscape maintenance responsibilities and decisions regarding the slope with the adjacent property owner. 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 no physical change will occur; the administrative variance will permit the applicant to process an adjustment plat changing the side property line from near the bottom to the top of the slope where an existing stucco wall is located within 6.45 feet of the existing residential structure. The granting of this variance will not adversely affect the comprehensive General Plan because no changes to existing density or building intensity will result from the reduced side yard setback, and the reduction of the existing half acre lot by 1,200 square feet to .47 acres is not significant since the adjacent half acre parcel is increased by that amount to .53 acres. OVERHEIGHT FENCE 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 Edwards parcel is a 21,000 square foot terraced hillside lot with frontage along a single loaded street. Each lot along this block of Argonauta Way exceeds 100 feet in width and is terraced so that the lots are higher to the north and lower to the south following the street alignment downgrade from north to south. As a result, the existing 6 foot masonry wall located along the southern property line does not create an adverse visual impact or block natural light and air to any surrounding property since: a) the wall is constructed along the lot's lowest elevation (the parcel falls approximately 12 feet from north to south); b) the wall is located along the top of the slope which is approximately 40 feet from the adjacent structure to the south and existing slope landscaping adequately screens the wall; and c) the wall's location perpendicular to a single loaded street on a half acre hillside lot with a large scale custom home avoids potential negative impacts since the wall is consistent with the large scale custom home, and light and air blockage is minimal due to the low intensity of development in the area. 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 other hillside properties in the vicinity also have constructed overheight walls or other architectural features within front yard setbacks. ADMINISTRATIVE VARIANCE AV 92-01 - EDWARDS SEPTEMBER 22, 1992 2.c 2.d 3. 3.a 3.b 3.c 3.d 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 location of the overheight wall behind the front property line within the front yard setback does not jeopardize public safety or welfare since it does not obstruct vehicular sight distance, obstruct pedestrian travel, or hinder the repair of public utilities. The granting of this variance will not adversely affect the comprehensive General Plan because the property consists of only one single family residential lot possessing exceptional circumstances . RECREATIONAL, VEHICLE PARKING Access to the side or rear yard would require structural alteration to the existing residence. Parking in or access to the side and rear yard would require extensive grading. Parking the recreational vehicle in the driveway along the southern side property line will not interfere with visibility to or from the street since the lot is located on the western side of a single loaded street with no sidewalks which allows for sufficient sight distance in both directions prior to entering the street from the driveway. Allowing parking of the recreational vehicle within the front yard setback will not interfere with vehicular or pedestrian traffic on the street or within the right-of-way or encroach into the street or utility right-of-way. Approval is granted for Administrative Variance, AV 92-01, as shown on Exhibit "A", dated September 22, 1992, incorporated herein and on file in the Planning Department. No further structural additions including walls and fences shall be permitted within any setback on Lot 720 (71 19 Argonauta). The existing landscape trellises positioned along the wall shall be maintained at all times to provide visual relief. The recreational vehicle shall not encroach into the public right-of-way and shall be parked along the southern property line only. h , ADMINISTRATIVE VARIANCE AV 92-01 - EDWARDS SEPTEMBER 22,1992 PAGE 4 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. Assisiant Planning Director GW:AH:vd c: Bob Wojcik Bobbie Hoder Don Rideout Jim Davis Data Entry COPY :,p Dr. & Mrs. Walter Edwards 7119 Argonauta Way Carlsbad, CA 92009