HomeMy WebLinkAboutAV 97-04; GIA Fence Height; Administrative Variance (AV)July 22, 1997
Gary Hill
Gemological Institute of America
5345 Armada Drive
Carlsbad, CA 92008
SUBJECT: AV 97-04 - GIA ADMINISTRATIVE VARIANCE FOR FENCE HEIGHT IN
THE ARMADA DRIVE LANDSCAPE SETBACK
1.
The Planning Director :has completed a review of your application for an
Administrative Variance, AV 97-04 at 5345 Armada Drive. 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.
Findinas:
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 because administrative
variance 96-04 was granted for the same area of the property for which this
variance is requested.. The previous administrative variance (AV 96-04)
permitted a 5 foot reduction of the front yard setback for a length of 84 feet
to allow the widening of the drive aisle in the area of the loading dock to
accommodate truck maneuvering. The current administrative variance (AV
97-04) is necessary to allow the applicant to construct an aluminum picket
fence behind the curb of the widened drive aisle for which the previous
administrative variance was granted. The fencing is necessary to secure the
site. The 35 foot wide landscape area which will remain provides an
adequate landscape setback which when the landscape material grows to
maturity will provide screening of the loading area from viewpoints east of
the site. The type and color of the proposed aluminum picket fence will be
visually attractive.
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 the
widening of the drive aisle by administrative variance 96-04 was necessary
to provide for adequate loading dock access. Because of the applicant's
2075 Las Palmas Dr. - Carlsbad, CA 92009-1576 - (619) 438-1161 - FAX (619) 438-0894
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AV 97-04 GIA FENCE HEIiLlT lN THE ARMADA DR. LANDSCtxdE SETBACK
JULY 22,1997
need to secure the perimeter of the site which is a right possessed by other
nonresidential property in the vicinity and the existing encroachment
previously permitted into the setback the proposed variance is necessary to
allow the fence to be placed behind the existing curb line. The
encroachment will be 5 feet into the setback for a length of 84 feet.
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 no sight distance obstructions
will be created, the fence will be located 35 feet from the public right of way
behind landscaping, and the fence design is an open aluminum picket fence
which is 6 feet in height and painted green to blend in with the landscaping.
4. The granting of this variance will not adversely affect the comprehensive
General Plan because the setback variance is based on unique circumstances
involving only the subject property. Therefore, the variance would not
uniformly affect the properties of Carlsbad and subsequently the City's
General Plan.
Conditions:
1. The Planning Director does hereby amrove the administrative variance for
the project entitled "AV 97-04" (Exhibits "A" - "E" dated July 22, 1997, on
file in the Planning Department and incorporated by this reference, subject to
the conditions herein set forth). Staff is authorized and directed to make, or
require the Developer to make all corrections and modifications to the
administrative variance documents, as necessary to make them internally
consistent and conform to the Planning Director's final action on the project.
Development shall occur substantially as shown on the approved exhibits.
Any proposed development substantially different from this approval, shall
require an amendment to this approval.
2. Approval of all gates must be obtained from the Carlsbad Fire Department
prior to the start of fence construction. The Carlsbad Fire Department
requires that all motorized gates be equipped with a knox override switch.
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 $490.00. 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 Don Neu at (760) 438-1 161, extension 4446.
h -_ - . e ' aAV 97-04 GIA FENCE HE1 IT IN THE ARMADA DR. LANDSC, _- E SETBACK
JULY 22,1997
PAGE 3
CITY OF CARLSBA-D
Assistaht Planning Director
GEW:DN:kc
C: Bobbie Hoder
Clyde Wickham
Data Entry
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