HomeMy WebLinkAboutAV 88-07; STEVEN WEISS FENCE; Admin Decision Letter2075 LAS PALMAS DRIVE
CARLSBAD, CA 92009-4859
August 31, 1988
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Mr. & Mrs. Steven Weiss
3554 Sitio Baya
Carlsbad, California 92009
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PLANNING DEPARTMENT
TELEPHONE
(619) 438-1161
SUBJECT: ADMINISTRATIVE VARIANCE NO. 88-7 -Request Approval of an
Administrative Variance to allow an increase of fence height to seven
feet on a 27 foot portion of a side yard fence at 3554 Sitio Baya.
Dear Mr. & Mrs. Weiss:
The Planning Director has completed a review of your application for an
Administrative Variance at 3554 Sitio Baya. 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, deni~ this request based on the following findings and
conditions. •
Findings:
1. There are not exceptional or extraordinary circumstances or conditions
app l i cab 1 e 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.
2. The requested variance is not necessary for the preservation and enjoyment
of a s~bstantial property right possessed by other property in the same·
vicinity and zone but which is denied to the property in question. The
stated purpose for the seven foot high portion of the fence is to provide
privacy for a spa that has been elevated above the grade of the back yard.
The spa could have been either placed at grade or located in a more private
portion of the yard. It should be noted that there have been no other
requests for fence height variances in the vicinity.
3. The granting of this variance will 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 because an approval of this variance
could establish an undesirable precedent since it would degrade the visual
quality of the R-1 zone in general and in the neighborhood in particular.
4. The granting of this variance will not adversely affect the comprehensive
General Plan because no use change is proposed and the density will not
be increased.
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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
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MICHAEL J. HOLZMILLER
Planning Director
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