HomeMy WebLinkAboutAV 88-02; Berman Six-Foot Fence; Administrative Variance (AV) (2)APRIL 5, 1367
REGARDING: CASE FILE A'u't3H-2
LUT 189 OF CARLSBAD TRACT NO. 84-35, UNIT 2
ACCORDING TO MAP 1 1672 ON FILE WITH COlJNTY RECORDER
ALTHOUGH WE UNDERSTAND THE CONCERN OF THE OWNER THAT THE DEVELOPER'S POSITIONING
OF THE HOME IS DIFFERENT THAN OTHER HOMES ON THE STREET, THE 81)ILDl NG OF A FENCE
ALONG THE STREET ABOYE THE SIDEWALK CREATES AN UNATTRACTIVE VISUAL EFFECT IN A
NEW NEIGHBORHOOD OF HOMES YALUED AT A QUARTER OF A MILLION DOLLARS AND UP.
IN THIS CASE, THE FENCE, WHICH HAS BEEN BUILT, IS NOT ONLY LONG, BUT ITS HEIGHT IS
EXTENDED BECAUSE THE FENCE SITS CIN TOP OF A RETAtlNINC; WALL ON TOP OF A SHORT HANK
BOTH CREATED BY THE OWNER. THE EFFECT is A BARRIER WHICH APPEARS TO BE
APPROXlPlATELY E; TO 9 FEET TALL. THE FENCE WAS BCIILT, FROM MY UNDERSTANDING , TO
ALLOW THE OWNER TO KEEP FOUR LARGE DOGS.
SEVERAL FACTORS SHOULD BE CONSIDERED. THE CITY'S EUlLDlNG RESTRICTIONS ARE MEANT
TO MAINTAIN THE AESTHETIC QUALITY OF NEIGHBORHOODS. FIRST, THIS NEIGHBORHOOD IS
NEW. THE UWNER BOUGHT THE PROPERTY ANIS THE E:?ilSTING LEGAL RESTRICTIUNS WERE OR
SHOULD HAVE BEEN KNOWN. SECOND, THE PROPERTY WOULD STILL HAVE A LARGE BACK YARD
IN EXCESS OF THE SIZE AYAILABLE FOR MOST HOMES IN THE NEIGHEORHOQD IF THE FENCE
PETS CONTAINED IN AREAS GENERALLY A'Y"AY FROM RESIDENTIAL STREETS AND PEDESTRIAN
WALKS. THE PROXIMITY OF THE FENCE TU THE 'mlkLK.WAY DEFEATS THIS BENEFIT. LASTLY,
THE FENCE €3 THE FACT THE OWNER BUILT A RETAINING WALL AND SET THE FENCE ATOP IT
CREATES A HARRIER WHICH IN FACT IS FISIJALLY IN EXCESS OF SI): FEET AND WHICH APPEARS
TO RUN IN EXCESS OF 1 OO FEET iN LENGTH, GIVING THE lMPRESSlON OF AN ALLEY.
WERE RESITIJATED WITHIN THE LEGAL SET-BACK. THIRD, THE CITY'S RESTRICTIONS KEEP
ALTHOUGH IT WOULD APPEAR REASONAELE THAT THE LOCATION OF THE FENCE COULD
AND SHCIULD FALL WITHIN THE CITY SET- BACK, WE WOULD MOT BE ADYERSE TO AN
ENCROACHMENT QF THE SET-HACK MOT TO EXCEED FIYE FEET OFF OF THE CURRENT
RESTRICTION. THIS WOULD GIVE ACCESS TO THE OWNER'S FENCED YARD FROM EITHER SIDE OF
THE HZIIJSE, EIJT WOULD RETAIN A REASONABLE DISTANCE ( 15 FEET) BETWEEN THE STREET
AND THE FENCE WHILE PROYINNG A DEGREE OF MA1 NTENANCE OF THE NEIGHBORHOOD
AESTHETICS.
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4382 STANFORD STREET
CARLSBAD, CALIFORNIA