HomeMy WebLinkAboutAV 85-13; DAVID KUHNS FENCE; Admin Decision LetterDEVELOPMENTAL
SERVICES
LAND USE PLANNING OFFICE
February 11, 1986
David R. Kuhns
7974 Amargosa Drive
Carlsbad, CA 92008
Citp of Carll&ab
1200 ELM AVENUE
CARLSBAD, CA 92008-1989
(619) 438-5591
SUBJECT: Administrative Variance No. 85-13 -Request for
approval to allow a seven foot high fence.
Dear Mr. Kuhns:
The Planning Director has completed a review of your application
for an administrative variance at 7974 Amargosa Drive. 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, g.e;iie§ this request based on the
following findings and conditions.
Findings:
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 the lot is
rectangular in shape and relatively flat as are other lots
in the vicinity. The request for a seven foot high fence
for screening purposes cannot be justified since other lots
have been able to use six foot high fences to do the same
thing.
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 because no other lot has
had to apply for a fence higher than six feet for screening
purposes.
February 11, 1986
Page Two
3. The granting of this variance will be materially detrimental
to the public welfare or injurious to the property or
improvements in the vicinty and zone in which the property is
located because the approval could set an undesirable
precedent.
4. The granting of this variance will not adversely affect the
comprehensive General Plan because no use change is being
requested.
You have the right to appeal this decision to the Planning
Commission within ten days of receipt of this letter. If you
have any questions regarding this matter, please feel free to
call this office.
CITY OF CARLSBAD
MICHAEL J. OLZ LLER
Planning Director
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