HomeMy WebLinkAboutAV 88-02; BERMAN SIX-FOOT FENCE; Admin Decision LetterPLANNING DEPARTMENT
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April 19, 1988
Mr. and Mrs. Shel Berm.an
4375 Stanford Street
Carlsbad, California 92008
2075 LAS PALMAS DRIVE
CARLSBAD, CALIFORNIA 92009-4859
(619) 438-1161
SUBJECT: ADMINISTRATIVE VARIANCE NO. 88-2 -Request approval of
an administrative variance to allow a six foot fence
within the required front yard setback.
Dear Mr. and Mrs. Berman:
The Planning Director has completed a review of your application
for an administrative variance at 4375 Stanford Street. 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.
Findings:
1 .. There are no 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. Although the house is
oriented with its side facing the street, the lot has a
larger back yard than most of the neighboring lots whose
homes face frontwards on Stanford Street. There have been
no other applications for a variance for a six foot fence in
the front yard setback in the vicinity.
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 the six foot
fence would afford the applicant a greater area of privacy
than neighboring residences enjoy.
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 the six foot fence was constructed on top
of two feet of additional fill which create a significant
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negative visual impact on the adjacent lots. The
surrounding neighborhood consists of single family dwellings
maintaining a 20 foot front yard setback. Allowing this
fence would set an undesirable precedent in the
neighborhood.
You have the right to appeal this decision to the
Commission within ten days of receipt of this letter.
have any questions regarding this matter, please feel
call this office.
CITY OF CARLSBAD
&~~--
MICHAEL J. HOLZfrlLER
Planning Director
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Planning
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