HomeMy WebLinkAboutAV 96-06; Avocet Aviara PA 4 Lot 8; Administrative Variance (AV)January 13, 1997
Hunsaker and Associates
Marybeth Murray
101 079 Huennekens, Suite 200
San Diego CA 92101
SUBJECT: AV 96-06 - REQUEST TO ALLOW 5.5’ HIGH PRIVACY WALL IN THE
FRONT YARD SETBACK
Dear Ms. Murray:
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 1702 Blackbird Circle.
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.
Findings:
1. 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 this one-story unit is located at
the entryway to this project from Aviara Parkway and will be subject to considerable ,
drive-by and pedestrian traffic. The proposed 5.5’ tall privacy wall will be constructed
in front of the unit’s master bathroom window, thereby providing necessary screening
from this passing traffic. Additionally, this unit is located on a lot which is at a pinch
point between the alignments of Aviara Parkway and Blackbird Circle therefore
making it problematic to comply with the required 50’ unit setback from Aviara
Parkway and the required 20’ front-yard setback.
2. 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 with no indication that some lots could
not accommodate the walls due to encroachment into front yard setbacks.
3. 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 overheight wall, which encroaches into the front yard
2075 Las Palmas Dr. Carlsbad, CA 92009-1 576 0 (61 9) 438-11 61 FAX (61 9) 438-0894 @
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ADMINISTRATIVE .IRIANCE 96-06
JANUARY 13,1997
PAGE 2
setback a maximum of 1.5’ 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.
5. That the Planning Director has determined that the project is exempt from the
requirements of the California Environmental Quality Act (CEQA) per Section I5301
of the state CEQA Guidelines and will not have any adverse significant impact on
the environment.
Conditions:
1. Approval is granted for Administrative Variance AV 96-06, as shown on Exhibits “A” -
“B,” dated January 13, 1997, 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
$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 Chris DeCerbo at
(61 9) 438-1 161, extension 4455.
ClTYm CARLSBAD
GAe E. WAYME
Assistant Planning Director
GEW:CD:kr
C: Bob Wojcik
Bobbie Hoder
Project Engineer
Data Entry
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