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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 File Copy