HomeMy WebLinkAboutAV 83-03; ANDREW GERHARD PROPERTY; Admin Decision LetterDEVELOPMENTAL
SERVICES
LAND USE PLANNING OFFICE
December 15, 1983
Andrew H. Gerhard
etttp of etarl~bab
7008 Estrella Del Mar Road
Carlsbad, California 92008
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008-1989
(619) 438-5591
Subject: ADMINISTRATIVE VARIANCE NO. 83-3, REQUEST TO ALLOW A
FENCE OVER SIX FEET IN HEIGHT WITHIN THE SIDE "¥'ARD
SETBACK AT 7008 ESTRELLA DEL MAR ROAD.
The Land Use Planning office has completed a review of your
application for an Administrative Variance at 7008 Estrella Del
Mar Road.
After careful consideration of the circumstances surrounding
this request, the Land Use Planning Manager 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:
Findings
1) There are no exceptional or extraordinary circumstances or
conditions applicable to this property that do not
generally apply to other property in the same vicinity and
zone, as the subject lot, as well as numerous lots in the
surrounding vicinity are relatively level.
2) That the requested variance is not necessary for the
preservation of a substantial property right possessed by
other property in the same vicinity and zone, since no
other wall over six feet in height exists in the vicinity.
3) That the granting of such variance could be materially
detrimental to the general public and injurious to property
in the vicinity since the granting of this variance would
create an undesirable precedent that could spread
throughout the City.
Unless appealed as provided by the Carlsbad Municipal Code, this
action of denial is final the date this resolution is adopted by
the Planning Commission. The provision of Chapter 1.16 of the
Carlsbad Municipal Code, "Time Limits for Judicial Review" shall
apply:
Andrew H. Gerhard
December 15, 1983.
Page 2
"NOTICE TO APPLICANT
-
The time within which judicial review of this decision must be
sought is governed by Code of Civil Procedure, Section 1094.6,
which has been made applicable in the City of Carlsbad by
Carlsbad Municipal Code Chapter 1.16. Any petition or other
paper seeking judicial review must be filed in the appropriate
court not later than the ninetieth day following the date on
which this decision becomes final; however, if within ten days
after the decision becomes final a request for the record of the
proceedings accompanied by the required deposit in an amount
~ufficient to cover the estimated cost of preparation of such
record, the time within which such petition may be filed in
court is extended to not later than the thirtieth day following
the date on which the record is either personally delivered or
mailed to the party or his attorney of record, if he has one. A
proceedings shall be filed with the City Clerk, City of
Carlsbad, 1200 Elm Avenue, Carlsbad, California, 92008."
CITY OF CARLSBAD
..
MICHAEL
Land Use Planning Manager
MJH:EVR:ad