HomeMy WebLinkAboutAV 90-13; Khadem Residence; Administrative Variance (AV) (20)t' ,
April 24, 1991
Mr. James Khadem
7327 El Fuerte Street
Carlsbad, CA 92009
SUBJECT: ADMINI!TIXATIVE VARIANCE NO. 90-13 - Request to allow a Decorative
Fence to exceed the required height of 42" in a front yard setback of a Single
Family Residence.
Dear Mr. Khadem:
The Planning Director has completed a review of your application for an Administrative
Variance at 7327 El Fuerte 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.
Findinns:
1.
2.
3.
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. The property is similar in
shape and topography to other properties in the same vicinity and zone which
contain no illegal walls or fences. In addition, the existing fence is used for
decorative purposes only, which does not constitute relief from unusual difficulties
or unnecessary hardships associated with the property.
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 properties in the same
vicinity and zone possess building permits or variances for walls or fences to exceed
the maximum permitted height.
The granting of this variance WILL 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 fence does not obstruct sight distances for
motorists exiting the property or motorists traveling along El Fuerte Street.
However, if a gate is installed between the two existing pillars at the driveway
entrance, such a gate would cause motorists to stop their vehicles in the path of the
existing sidewalk fronting the property while waiting for the gate to open. The City
will not allow a gate that disrupts pedestrian or vehicle circulation.
2075 Las Palmas Drive - Carlsbad. California 92009-4859 (619) 438-1 161
Mr. James Khadem
April 24, 1991
Pane 2
4. The granting of this variance WILL NOT adversely affect the comprehensive General
Plan because the property consists of one single family home which does not
substantially impact any elements of the General Plan, or the General Plan as a
comprehensive document.
You have the right to appeal this decision to the Planning Commission within ten days of
receipt of this letter. Appeals must be submitted in writing to the Planning Commission
at 2075 Las Palmas Drive in Carlsbad, along with a payment of $110.00. The filing of
such appeal within such time limit shall stay the effective date of the order of the Land Use
Planning Manager 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 David Rick
at (619) 438-1161, extension 4328.
CITY OF CARISBAD
MICHAEL J. HOLZMILLER
Planning Director
GW:DR/lh
c: Bob Wojcik
Erin Letsch
Don Rideout
Project Engineer
Data Entry
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