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HomeMy WebLinkAboutAV 95-08; Moffatt Residence; Administrative Variance (AV)1 December 27,1995 Jeny J. Moffatt 4444 Adams Street Carlsbad, CA 92008 Dear Mr. Moffatt: The Planning Director has completed a review of your application for an Administrative Variance, 95-08 at 4444 Adam8 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 CAN be made and, therefore, APPROVES this request based on the following findings and conditions. Findlnas: 1. There ARE 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 front portion of the lot is constrained by steep slopes supporting a steep driveway. To operate properly, the driveway's gate must be located (1) at the most level portion of the driveway and (2) far enough in from the street to provide space for autos waiting for the gate to open. As a result, the most appropriate and conceivable location for the gate is limited to a location which is also within the front yard set back (see Exhibit "A" for portion of fence and gate within front yard set back). Alternative designs were analyzed, such as lessening the driveway's grade outside the front yard set back or lowering the fence and gate height in the set back. But the driveway cannot be altered since any alternative design would either violate the hillside guidelines or exceed the maximum driveway grades permitted by standard. Also, limiting the gate to 42 inches high would be impractical for security purposes and incompatible with the rest of the property's fence, which is five feet high. 2. The requested variance IS 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 other properties have yards which enable placement of a fence and gate outside the front yard setback. Those lots which are constrained similar to the subject property would undoubtedly obtain the same rights upon application for a variance. 2075 Las Palmas Drive - Carlsbad, California 92009-1 576 - (61 9) 438-1 161 @ ~ ~~~~~~~ AV 95" MOFFATT RESIDENCE December 27,1995 Paae 2 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. Constructed of stucco columns and elegantly patterned wrought iron, the fence and gate would be an attractive amenity to the neighborhood. The location and design of the fence and gate would not impede safe visibility for motorists or pedestrians in the vicinity, and the distance between the waiting line at the gate and the front property line is deep enough to station a vehicle such that it does not encroach into the public right-of-way. 4. The granting of this variance WILL NOT adversely affect the comprehensive General Plan because the variance affects only one single family lot under unique circumstances. 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 2075 Las Palmas Drive in Carlsbad, along with a payment of $120.00. 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 David Rick at (619) 438-1 161, extension 4328. MICHAEL J. HOVUMILLER Planning Director MJH: DR: kr c: Gary Wayne Adrienne Landers Bob Wojcik Bobbie Hoder Ken Quon Code Enforcement Data Entry File Copy