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HomeMy WebLinkAboutAV 98-07; Ryan Residence Decorative Wall; Administrative Variance (AV) (6)- City of Carlsbad July 21, 1 998 Mary H. Ryan 7245 Carpa Ct. Carlsbad, CA 92009 SUBJECT: AV 98-07 - Ryan Residence Decorative Wall The Planning Director has completed a review of your application for an Administrative Variance to allow a five foot wall located within the front yard setback, AV 98-07 at 7245 Carpa Court. 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 and therefore, DENIES this request based on the following findings and conditions. Findinas: 1. There ARE NOT 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 other properties are similar in shape, size and topography. The front yard is sufficient in size to enable the wall to be built outside the front yard setback. Furthermore, the wall which is for decorative or security purposes does not constitute relief from unusual difficulties or unnecessary hardships associ.ated with the property in question. 2. 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 building permits or variances for such walls. Therefore, none of these property owners possess a property right for their nonconforming walls. 3. 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 zone in which the property is located, in that the overheight wall in the front 2075 La Palmas Dr. Carlsbad, CA 92009-1 576 (760) 438-1 161 - FAX (760) 438-0894 ~~~ ~~ ~~~~~ ~ ? r, AV 98-07 - RYAN REL-~ENCE DECORATIVE WALL JULY 21,1998 -4 yard does not interfere with adequate sight distance nor does it significantly effect the light and air circulation of the neighboring properties. 4. 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. 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 $400.00. 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 Greg Fisher at (760) 438-1 161, extension 4328. CITY, OF CARLSBAD Assistant Planning Director GEW:GF:mh C: Bobbie Hoder Michele Masterson Chris DeCerbo Data Entry Code Enforcement wile Copy