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
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AV 98-07 - RYAN REL-~ENCE DECORATIVE WALL
JULY 21,1998
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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
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