HomeMy WebLinkAbout1988-11-16; Planning Commission; Resolution 2795-. e 0
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PLANNING COMMISSION RESOLUTION NO. 2795
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD,
CALIFORNIA, DENYING AN ADMINISTRATIVE VARIANCE TO INCREASE FENCE
FENCE AT 3554 SIT10 BAYA.
APPLICANT: STEVEN WEISS
HEIGHT TO SEVEN FEET ON A TWENTY-SEVEN FOOT PORTION OF SIDE YARD
CASE NO.: AV 88-7 (APPEAL)
WHEREAS, a verified appl ication for certain property, to wit:
Ldt 19 of CT 85-5, Unit No. 3 Map 11575 on file with the County
Recorder of San Diego.
has been filed with the City of Carl sbad, and referred to the P1 anning
Commission; and
WHEREAS, said verified application constitutes a request as provided by
Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 16th day of November, 1988,
hold a duly noticed public hearing as prescribed by law to consider said
request; and
WHEREAS, at said pub1 i c hearing, upon hearing and considering a1 1
testimony and arguments, if any, of all persons desiring to be heard, said
Commission considered all factors relating to AV 88-7.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the
City of Carl sbad as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission DENIES AV 88-7, based on the following findings:
Findinqs:
1. There are no exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to other properties in the same vicinity and zone. The applicant's stated purpose for the seven foot high portion of the fence is to provide privacy for a spa that has been elevated above grade in the back yard. The spa could have been placed on a grade or located in a more private portion of the yard. It should be noted that there have been no other requests for fence height variances in the vicinity.
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2. The requested variance is not necessary for the preservation and
the same vicinity and zone but which is denied to the property in
of privacy than neighboring residences enjoy.
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question. The seven foot fence would afford the applicant a greater area 2
enjoyment of a substantial property right possessed by other property in
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3. The granting of this variance could 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. The fence was constructed on top of additional fill which creates a significant negative visual impact on the adjacent lot. Allowing this fence would set an undesirable precedent since it would degrade the visual quality of the PC Zone in general and in the neighborhood in particular.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
g Commission of the City of Carlsbad, California, held on the 16th day of
10 November, 1988, by the following vote, to wit:
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AYES: Chairperson McFadden, Commissioners: Schramm, Schlehuber, Holmes, Erwin and Hal 1 .
NOES: None.
ABSENT: Commissioner Marcus.
ABSTAIN: None.
I-8 I! ATTEST: 19 I
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!. /-It . :: :, ,\I,
.I /-.., <--.~;/".% lil: J '9 il, k&& AA&,)S* ~, ;& - MICHAEL J. HOLZMILLER, "A. 4. ,tlU
PLANNING DIRECTOR
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27 11 PC RES0 NO. 2795 -2-
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