HomeMy WebLinkAboutAV 92-06; Takayama Fence; Administrative Variance (AV) (4)October 18, 1994
' Dave Hanson
8285 Tait Street, Apt. E
Oceanside, CA 92054
SUBJECT: ADMINISTRATIVE VARIANCE NO. 9266 - TAKAYAMA FENCE - Request for
an overheight wall in the front, side and rear yard setbacks, located at 1095
Palm Avenue, at the southwest comer of Adams Street and Palm Avenue.
The Planning Director has completed a review of your application for an Administrative
Variance, for the allowance of an overheight wall in the front, side and rear yard setback. 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 for the front yard walls over 42 inches in height, rear yard wall (southerly property line)
and the interior side yard wall (westerly property line) and, therefore, DENIES this portion of the
Administrative Variance request. The Planning Director has determined that the four findings
required for granting an Administrative Variance can be made for up to five feet of the street side
yard wall (easterly property line) as viewed from the eventual street grade along the Adams
Street frontage and, therefore, APPROVES that portion of this request based on the following
findings and conditions.
Findinm:
1. There are exceptional or extraordinary conditions applicable to the property that do not
apply generally to other property in the same vicinity and zone because there is an
elevation difference between the side and rear yard of the subject property and Adams
Street causing the need for an overheight wall from the interior perspective to provide a
five foot high barrier from the Adam Street perspective. No exceptional or extraordinary
conditions are applicable to the front, rear or interior side yard areas of the property since
there is no significant grade difference between the neighboring properties.
2. The Administrative Variance to increase- the street side wall height is necessary to
preserve a substantial property right possessed by other property in the vicinity because
a minimum five foot high exterior barrier is required for all swmg pools. Denial of
five feet of the street side overheight wall would not allow this barrier to occur and
therefore would not allow a swimniing pool in the rear yard while other properties in the
area contain swimming pools. The denial of the front, rear and interior side yard
overheight walls does not preclude a substantial property right since there is not a similar
grade differential. The front, rear and interior side yard walls could be lowered to a
conforming height and still offer the required five foot exterior barrier to the swimming
pool.
2075 Las Palmas Drive - Carlsbad. California 92009-1576 - (619) 438-1 161 @
I _.-
AV 92-06 - TAKAYAMA FENCE
SEPTEMBER 30, 1994
PAGE 2
3. The increased street side wall height will not be materially detrimental to the public
welfare or injurious to surrounding properties or improvements since the exterior elevation
of the wall will not exceed five feet in height, which is below the accepted maximum
wall height in residentially designated zones. The increased front, rear and interior yard
overheight walls would be injurious to the surrounding properties since it would expose
the properties to the west and south of the subject property to a solid barrier over six feet
in height which reduces light and air circulation.
4. ' The site is designated Residential Low Medium Density (RLM) in the City's General Plan and walls are one of the typical components found in residential areas. Therefore the
granting or denial of this variance will not adversely affect the General Plan.
Conditions:
1. Approval is granted for AV 94-02, as shown on Exhibits "A - "B, dated September 12,
1994, incorporated by reference and on tile in the Planning Dement. Development
shall occur substantially as shown unless otherwise noted in these conditions.
2. As shown by the bubbled and crosshatched areas on Exhibits "A" - "B', dated September
12, 1994, the approval granted through AV 94-02 applies only to five feet of exposed
wall above the eventual street grade along the Adams Street frontage (easterly property
line) and does not apply to the overheight walls along the front yard, rear yard (southerly
property line) and interior side yard (westerly property line).
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 $120.00. 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 Mike Grim at (619) 438-1161. extension 4499.
~ Ass&ant Plannini Director
c: Bob Wojcik Data Entry
Bobbie Hoder File Copy
Don Neu
Jim Davis