HomeMy WebLinkAboutAV 98-07; Ryan Residence Decorative Wall; Administrative Variance (AV)I . b'
1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008
Office of the City Clerk
DATE : 12/28/98
TO :
FROM :
RE :
TELEPHONE (619) 434-2808
Bobbie Hoder, Planning Dept. <\ I </'
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Karen Kundtz
AV 98-07 - RYAN RESIDENCE DECORATIVE WALL
THE ABOVE ITEM HAS BEEN APPEALED TO THE CITY COUNCIL.
According to the Municipal Code, appeals must be heard by the City Council
within 30 days of the date that the appeal was filed. (REMINDER: The item
will not be noticed in the newspaper until the agenda bill is signed off by
- all parties.)
Please process this item in accordance with the procedures contained in the
Agenda Bill Preparation Manual. If you have any questions, please call.
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The appeal of the above matter should be scheduled for the City Council
Meeting of
Signature Date
&rn/ SJ '1 I (We) appeal the decision of the /-
to the Carisbad Ci Council.
Date of Decision you are appealing: /~//&./~~
Subiect of ADDeal:
BE SPECIFIC Examples: if the action is a City Engineer's Decision, please say so. If a project has multiple elements, (such as a General Plan Amendment, Negative Declaration, Specific Plan, etc.) please
list them all. If you only want to appeal a part of the whole action. please state that here.
Reason(s) for Apmal: Please Note Failure to specify a reason may result in denial of
the appeal, and you will be limited to the grounds stated here when presenting your appeal. BE SPECIFIC How did the decision maker err? What about the decision is inCOnSiStent with state or local
laws, plans, or policy? ..
two A) 8 OF s/s&ss 7% 4A&7>J
I / JYC rhwO9 &JQ ADDRESS: Street Name 8, Number
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2808 @
MAR'Y RYAN PAGE 61
December 28,1998
To: office of the City Clerk Attn. Lee Rautenkranz
City of Carlsbad
From: Mary Ryan
7245 Carpa Ct.
Carlsbad Ca. 92009
Re: Planning Commission denial of variance c- '
AV- 98-07- Ryan Residence Decorative Wall
Reasons for Appeal:
1. Due to my nervousness at the hearing, I failed to.bring up several very important
reasons for the placement of the wall. The reasons I will be demonstrating are security,
privacy, window exposure, visibility for the police, and slope of the lot. The placement
of the wall is necessary for these specific reasons.
2. I am being denied a right that others have in my viciaity & zone. Proof of variances
were provided but not discused by the commission.
3. The above findings I will demonstrate. The other 2 findings necessary for a variance
have already been verified by the Planning Director.
Thank you for your time and consideration with this v"y important matter.
Sincerely,
NOW, THEREFORE, #BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission UPHOLDS THE PLANNING DIRJi',CTOR'S DENIAL of RYAN
RESIDENCE DECORATIVE WALL, AV 98-07 based on the following
findings:
f Find-:
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3.
4.
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That there ARE NOT exceptional or extraordinary circumstances or conditions
applicable to the property or to the intended use that do not apply generdly to the other
property or class of use in he same vicinity and zone, in that other properties are similar
in shape, size and topography. The bnt yard is sufficient in size to enable the wall to be
built outside the fkont yard setback. Furthermore, the wall which is for decorative or
security purposes does not constitute relief from unusual difficulties or unnecp
hardships associated with the pro$erty in question. -
That 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, in that no other property in the vicinity has an
approved wall or fence over 42 inches in height within the front yard setback. Although,
there are other walls exceeding the maximum allowed height in a front yard setback
within the same neighborhood, none of these' property owners possess variances for such
walls. Therefore, none of these property owners possess a property right for their non-
conforming walls.
The granting of this variance WOULD NOT be materially detrimental to the public
welfare or injurious to the property or improvements in the vicinity and mne in which the
property is located, in that the overheight wall in the front yard does not interfere with
adequate sight distance nor does is significantly sect the light and air circulation of the
neighboring properties.
The granting of this variance WILL NOT adversely affect the comprehensive General
Plan, in that the subject property is designated Residential Low-Medium (RLM) General
Plan Land Use designation and walls are a typical component of residentially designated
areas.
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PC RES0 NO. 4412 -2-
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CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008
434-2867
ACCOUNT NO. DESCRIPTION I AMOUNT
RECEIPT NO. NOT VALID UNLESS VALIDATED BY
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