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HomeMy WebLinkAboutAV 05-05; CONLIN FENCE VAIRANCE - DENIED; Admin Decision LetterOctober 4, 2005 Brian Longmore PO Box 503943 San Diego, CA 92150 C· City of SUBJECT: AV 05-05 -CONLIN VARIANCE C, Carlsbad IAIUIOO,l·l•J4•E•IU,14hl The Planning Director has completed a review of your application for an Administrative Variance, AV 05-05 to construct an over-height fence in the front, side and rear yards at 2600 Galicia Way. 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 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 subject property and surrounding properties meet all the zoning requirements for lot size and dimensions and the topography is not an extraordinary or unusual circumstance for this residential area. The owner's claim that the over-height fence is necessary to provide privacy for the back yard is unsupported. The neighbors to the west are approximately 10 feet lower in elevation, and the second-story windows, which face the owner's backyard, could be blocked by vegetation; therefore, alternatives exist. Also, the neighbor's windows to the north of the property are mostly blocked by tall vegetation and; therefore, the owners do not need an eight-foot high fence for privacy. In addition, the front yard fence, located at the southeast corner of the lot, does not need to be over six feet high for the owner's to be able to enjoy privacy in their back yard. 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 property is currently developed with a single-family home and has adequate usable (flat) areas for yards. The proposed over-height fence in the rear and side yards would provide a small amount of privacy from the neighbors to the west and north; however, this could also be accomplished with additional vegetation or moving the fence several feet towards the top of the pre-existing slope for a similar privacy effect. 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 because the improvements would not create sight distance or visibility 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ •· AV OS-OS-CONLIN VARIA°= October 4, 2005 Page2 0 problems for vehicles since the fence is set back several feet from the edge of the road. 4. The granting of this variance will not adversely affect the comprehensive General Plan because the property's land use designation is residential single-family. 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 1635 Faraday Avenue in Carlsbad, along with a payment of $500.00. 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 Pam Drew at (760) 602-4644. [~ DON NEU Assistant Planning Director DN:PD:bd c: Chris DeCerbo, Team Leader Kathleen Farmer, Project Engineer Gene Kellogg, Code Enforcement Data Entry File Copy James Conlin, 2600 Galicia Way, Carlsbad, CA 92009