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Home My WebLink About1986-03-25; City Council; 8558; Appeal of Planning Commission Decision Denying a Variance to Reduce a Front Yard Setback AV 85-08 Beilbey00 i In N M O V Q J V Z O a CII OF CARLSBAD -- AGEND' BILL FDEPT.- � M APPEAL OF A PLANNING COMMISSION MTG.- �25/86 DECISION DENYING A VARIANCE TO A FRONT YARD SETBACK. LN_ AV 85-8 - BEILBEY RECOMMENDED ACTION: JDEPT. HD. REDUCE CITY ATiY L CITY MGR. The Planning Commission and staff are recommending that the City Council direct the City Attorney's Office to prepare documents DENYING Administrative Variance 85-8. ITEM JIXPLtANATION The applicant originally requested an administrative variance to allow a six foot high grapestake fence eleven feet into the twenty foot frontyard setback on a lot located on the north side of Juniper Avenue between Garfield Street and the AT&SF Railroad. The request was denied by the Planning Director because the four findings required for a variance could not be made. Eventhe fence has been in existence for eight years it apparently though been built without a buildingpuld not support had variance to legitimize an "ilegally' constructed staff ofence. support a The applicant appealed the decision of the Planning Director to the Planning Commission. A number of people spoke at the Planning Commission hearing both for and against the requested administrative variance. After hearing all of the relevant testimony the Commission denied the request because they felt that they could not make the four findings necessary to grant a variance. Specifically, that there were no exceptional circumstances, the applicant was not being denied a substantial Property right granted to others in the same vicinity and granting of the proposed variance would be materially detrimental to the public welfare. The Planning Commission denied the requested variance by a vote of 5-2. For further information please see the attached Planning Commission staff report. Also attached is the applicant's appeal form. ENVIRONM''NTAL REVIEW The Planning Director has determined that this project is EXEMPT from environmental review based on Section 19.04.07 of the Carlsbad Environmental Ordinance. FISCAL IMPACT The applicant will provide all required public improvements to the project. Also, the applicant has agreed to pay a public facilities fee to offset the costs of providing all other public services. EXHIBITS 1. vLocation Map 2.✓ Planning Commission Resolution No. 2531 3.v Staff Report dated January 22, 1986 w/attachments 4. Appeal Farm c •�i ` 4 5 6 7 8 9 10 11 12 14 15 16 17 18 19 € 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 2531 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING AN ADMINISTRATIVE VARIANCE TO ALLOW A SIX FOOT FENCE TO ENCROACH ELEVEN FEET INTO THE TWENTY FOOT FRONTYARD SETBACK ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF JUNIPER STREET BETWEEN GARFIELD STREET AND THE AT&SF RAILROAD. APPLICANT: BEILBEY CASE NO: AV 85-8 WHEREAS, a verified application for certain property, to wit: An undivided 1/16 interest in Lot 1 of CT 73-30 of Map 7961 filed June 12, 1974, has been filed with the City of Carlsbad, and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as' provided by Titie Y1 of the 'Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 22nd day of January, 1986, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing. and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors i relating to the Variance; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: (A) That the foregoing recitations are true and correct. ; (B) That based on the evidence presented at the public hearing, t the Commission DENIES AV 85-8, based on the following findings: i II t 1 - 3�1 s's 6 7. 8 9 10 11 12 14 15 16 i7 18 19 20 21 22 23 24 25 26 27 28 f; Findings: 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 the other property or class of use in the same vicinity and zone, because no other fences six feet or higher are located more than five feet into the 20 foot frontyard setback. 2. 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 other property owner in the complex has had to fence in their frontyard setback for privacy. 3) The granting of this variance might be materially detrimental to the public welfare since it would create an undesirable precedent and encourage other property owners to construct illegal fences, then apply for variances to legitimize the fence. PASSED, APPROVED AND ADOPTED at a regular meeting of the P'l d hincj. Commission of the' City of:: -Carlsbad, California, held on the 22nd day of January, 1986, by the foilowing vote, to wit: AYES: Commissioners: McBane, McFadden, Smith, Holmes & Hall. NOES: Chairman Schlehuber & Commissioner Marcus. ABSENT: None. ABSTAIN: None. ATTEST: MICHAEL J. LZ LER PLANNING DIRECTOR PC RESO NO. 2531 _2_ CLARENCE SCHLEHUBER, C a rman CARLSBAD PLANNING COMMISSION q W CAr L1J1 VC11d.V11 Nv ul•1J.11ti.0 L/ilm; ni OCTOBER 18. 1985 ' STAFF REPORT DATE: JANUARY 22, 1986 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT U SUBJECT: AV 85-8 - BEILBEY - Request to allow a six foot high grapest a fence -to encrcach eleven feet within the twenty foot frontyard setback on a lot located on the north side of Juniper Street between Garfield Street and the AT&SF Railroad in the R-3 zone. I. RECOMMENDATION That the Planning Commission ADOPT Resolution No. 2531 DENYING AV 85-8 based on the findings contained therein. II. PROJECT DESCRIPTION AND BACKGROUND The applicant is appealing the Ple.ining Director's denial of an Administrative variance to allow a six foot high grapestake fence eleven feet into the twenty foot frontyard setback on a property located as described above. The fence has been in existence at its present location for approximately eight years. Staff could not locate any record of a building permit for the subject fence. This item was referred to the Planning Department by the zoning enforcement officer who received a complaint about an illegal fence in the frontyard setback at this location. The applicant applied for -an administrative variance, but staff was unable to make the necessary findings and had to deny the request. The applicant is now appealing staff's denial of the administrative variance. II. ANALYSIS Planning Issues 1. Can the four mandatory findings for a variance be made in this -.case which are as follows: A) Are there exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other property in the same vicinity and zone? 3 b) Is the granting of this variance necessary for the Preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone? c) Will the granting of this variance be detrimental to the public welfare? d) Will the granting of this variance adversely affect the General Plan? Discussion Staff cannot make the four mandatory findings required to grant a variance. The zoning code states that exceptional or extraordinary circumstances must exist that do not generally apply to other properties in the same vicinity and zone. The applicant feels the subject property is extraordinary because the patio to her condominium faces the street and to require a 42 inch high fence would not give her the security and privac desires. The staff feels this is not an unusual circumstancehe since no other owner within the project or other property in the vicinity has a fence located more than five feet into the twenty foot setback. A second issue is whether the applicant is being denied a substantial property right enjoyed by other property owners in the vicinity. Staff does not believe that the applicant is being denied a substantial property right enjoyed by other property owners in the vicinity. The single family homes and apartments to the west of the subject property have less than a twenty foot setback from Juniper Street. However, both of these properties front on Garfield Street and are only required to have a 10' street sideyard setback from Juniper Street. As shown by Exhibit "A", the bulk of these buildings comply with the 10' setback requirement, even though some architectural pop -outs in the apartment project and porches on the single family homes appear to violate the 101 setback requirement. The two single family homes on substandard lots, directly across from the subject property, have 181 rather than the required 20' frontyard setback. However, it appears that both of these structures were built long before the city incorporated and created any zoning standards. -2- 0 v Staff also believes that the 1 detrimental to the public welfare, of this variance would be would establish an undesirable precedentgsince nit°wouldsencourage people to construct fences that did not comce 1 f requirements and then apply l P to legY with the setback fence when the city became aware aof athensituationitimize the i In conclusion staff cannot make the four findings necessary to grant a variance and recommends that -the Commission deny the applicant's appeal of the Planning Director's denial of this administrative variance. III. ENVIRONMENTAL REVIEW The Planning Director has determined that this from environmental review based on Section 19.04r0ject is the exempt Environmental Ordinance. ATTACHMENTS v 1. Planning Commission Resolution No. 2531 2. Location Map 3. Background Data Sheet 4. Disclosure Statement 5. Exhibit "A" dated October 18, 1985 ER/ar 3 BACKGROUND DATA SHEET CASE NO: AV 85-8 u APPLICANT: BEILBEY REQUEST AND LOCATION: Request to allow a six foot 1gh fenca to encroach eleven feet within the twenty foot frontward setYaack on a lot located on the north side of Juniper Street between Garfield Street and the AT&Sy Railroad. LEGAL DESCRIPTION: An undivided 1/16 interest in lot 1 of CT 73-30 of Map 7961 filed June 12, 1974 APN: 204-240-55-15 Acres .87 , Proposed No. of Lots/Linits N/A ORAL TREE AND ZOMM 3 Land Use Designation R-H Density Allowed 13-23 Du's/ac Density Proposed N/A ? Existing Zone R 3 Proposed Zone N/A Surrounding Zoning and Land Use: Zonirq Land Use Site R 3 Condos North R-3 Condos South R-3� East Rr3 SFR West R-3 SFR _ PUBLIC FACILITIES School District Carlsbad Water Car!sbaa Sewer Carlsbad EDU's Public Facilities Fee Agreement, dated N/A ENVIROWZMAL IMPACT ASSESSMENT Negative Declaration, issued E.I.R. Certified, dated Other, Exempt Per Section, 19.04.07 0 • st•49tfs the igassation y,.-- NAVa Submitted bow been ssvii iffy-tmttbeir Laccoatim i .quLved, y Ni3I bo so ,, "'a' it is d AIMCMI 1V1 arrcl�v.:. 8��1 be, y NaM r i. pastamship, . joist ve eos'Posation. syed3c�tioo) 9,33 � 'Sio. Braac�ulay ; '� ?" _ �G 7 , L.as �� •.�.�SetQsi �a�l 9oCa T 2.13 - 7 f S- 3 94/5- ...._.,.. M y A,a *p ',A(fiov, t,. Rv Tars c6 h2 t E /a 143 Z133 McSa Dr. s co�i�. Ot2c5 . • Oceah �dc3. , . fustssss 1Wdssss g 0`130rc �: O�hs�de Caii£9msy� . �sq: Na.� •ciaai�►iawi. partsas • wnturs, cosporation, sYndicatioi) s rssa ` ftsinsss 1�ddsess Tslephoas Numbee . Tslepho�s Nwober 8aa+s A=Coss ' : 3•jsiaess iKddssss . s.�l p • Nrabsr Tslep2nos Nu�ahsr shssts if recssesrya 2�11s dselass under penalty of per jury that closuxs is . tnlo and COLTwt and the �trua and contained rslisd upon as be corrthat it +ill mended russ and correct in this and aY br � tsue and iect until a.•asnded. . �I�R.►cu.v 8e�1 b �►pPlieant i85o VWvgo k► As Dr, Glendale, Cal;" iIUD 213. 719 3945 R-3 Zone R H G eh. plan #JW"1rCr% Jl-KEET EXHIBIT A No Scale. Subject Property fo r Fence Yariahce, AFF i ON" Scale !"sm, i t I �I Zoo 1 1 19ILPA r�RIAMCE- APP �r 2733 h it Y KuJO RCE /b193 M e a Dr, Oceahs+e ie .Cahf Story rs7- $1 12 �o a, 4i i 1200 ELM AVENUE CARLSBAD, CA 92008&19w Office of the city C/eat TO: Bobbi Hoder, Planning Dept. FROM: Deputy City Clerk DATE: February 11. 1986 RE: APPEAL - Administrative Variance No. 858 - Bellby TELEPHONE (619) 438.5535 The above item has been appealed to the City Council. Please determine when the item will go to Council and complete the form below and return it to the City Clerk's Office. According to the Municipal Code, appeals must be heard by the City Council within 30 days of the date that the appeal was filed. Please consider this when setting the date for the hearing. Thank you. The appeal of the above matter should be scheduled for the City Council Meeting of /y8� Signature Date *** Please note their request for a date after March 18, 1986. /I Carlsbad Journal Decreed a legal Newspaper by the Superior Court of San Diego County 3138 ROOSEVELT ST. • P.O. BOX 248 • CARLSBAD, CA 92008. 729-2345 Proof of Publication STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a parry to or interested in the above entitled I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, Published twice weekly in the City of Carlsbad, County of San Diego, State of California matter. newspaper is published for the dissemination of local news and intelligence of a general character, which newspaper at all times herein mentioned had and still has a bona fide subscription list which subscribers, and which newspaper has been established and published at regular intervals in j,and City of Carlsbad, County of San Dieao. I to+o p of paying of CSal alifornia, for a period exceeding one eyear next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: March 15�........... 19.86. ................................ 19.... .......................... 19.... ................................ 19.... ................................. 19.... 1 certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on 1—� a 15 i� h day of _ M Clerk of the Printer NOTICE OF PUBLIC HEARING APPEAL ". AV 85-8 7' NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 I, Elm Avenue, Carlsbad, a� at 6:00 on Tuesday, March 25, 1986, to consider an appeal of a denialof aarequest ffoot high fence to encroach eleven feet within the twenty foot frontyard setback on generally located ;. property on the north side of Juniper Street between Garfield Street and the AT&SF Railroad and more particularly described as: An individual 1/16 interest in Lot 1 of CT 73-30 of Map 7961 filed June 12, 1974. If you have any questions regarding this matter, please call the Planning Department at 438-5591. { If you challenge the Administrative Variance in court ' you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad hearing. at or prior to the public APPELLANT: Beilbey PUBLISH: March 15, 1986 _ CARLSBAD CITY COUNCIL i LOCA110N MAP-- a .. site CHERRY 8T r yF _ JUNIPER AVE A" I I I I HEMLOCK AVE BEILBEY AV 85-8 1200 ELM AVENUE � R CARLSEAD. CA 9Z)*190 � s Office of the City C/o* I � Fiw# (D t �rA,e,, 0 CFI11E� Citp of Carlgbab Of n C'e '`f� sbad L 9y TO: Bobbi Hoder, Planning Dept. FROM: Deputy City Clerk DATE: February 11, 1986 ----------------- RE: APPEAL — Administrative Variance No. 858 — Beilby TELEPHONE (619) 4assj3 The above item has been appealed to the City Council. Please determine when the item will go to Council and complete the form below and return it.to the City Clerk's Office. According to the Municipal Code, appeals must be heard by the City Council within 30 days of the date that the appeal was filed. Please consider this when setting the data for the hearing. Thank you. The appeal of the above matter should.be.acheduled for the City Council Meeting of, f Signature Date *** Please note their request for a date after March 18, 1986. �. ram.• r--* }? E NOTICE OF PUBLIC HEARING NOTICE 13 HEREBY GIVEN that the Planning Catmission of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:00 p.m. on Wednesday, January 22, 1986, to consider approval of a six foot high fence to encroach eleven feet within the twenty foot frontyard setback on property generall<< located on the north side of Juniper Street between Garfield Street and the AT&SF Railroad and more particularly described 's as: An undivided 1/16 interest in Lot 1 of CT 73-30 of Map 7961 filed June ` 12, 1974. Those persons wishing to speak on this proposal are cordially invited to attend r 'the public, hearing. If you have any questions please call the Planning Department at 438-5591. s - If you challenge the Administrative Variance in court, you may be linuted to raising only those issues you or someone else raised at the public hearing s described in this notice, or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: AV 85-8 APPLICANT: BEILBEY PUBLISH: January.11, 1986 CITY OF CARLSBAD PLANK M COMMISSION • i Owner 1. Mr. and Mrs. Albert M. Lord 252 Juniper Avenue, B-1 Carlsbad, California 92008 2. Miriam L. Campbell 10360 Stover Avenue Riverside, California 92505 3. Marichu Beilby 1850 Verdugo Knoll Drive Glendale, California 91208 4. Mr. A. E. Allen 252 Juniper Avenue, B-2 Carlsbad, California 92008 5. Mr. and Mrs. Ray Johnson 615 Corona Court Vista, California 92083 6. Mr. Robert Kein and Lucille B. Kern 6006 Blythe Street Highland, California 92346 7. Ms. Marsha Pfiefer 254 Juniper Avenue Carlsbad, California 92008 8. Mr. and Mrs. William Pierce 254 Juniper Avenue - B-4 Carlsbad, California 92008 9. Ms.,Betty Zimprich 256 Juniper - B=5 Carlsbad, California 92008 16. Ms. Georgiana Irvine 664 Bel Air Drive Vista, California 92083 11. Mr. and Mrs. Joseph Fornal 5955 Hudson Avenue San Bernardino, California 92404 12. Pacific Savings Frank 767 North "E" Street San Bernardino, CA 92403 13. Mr. Richard Ting 3848 Alonzo Avenue Encino, California 91316 14. Mr. and Mrs. Robert Crum 1960 La Mesita Drive Hacienda Heights, California 91745 15. Mr. and Mrs. Warren S. Rafuse 1876 High Ridge Avenue Carlsbad, California 92008 16. Mr. and Mrs. Elmer Williamson 1919 Calle Buena Ventura Oceanside, California 92054 17. Occupant 252 Juniper Avenue, A-1 Carlsbad, California 92008 18. Occupant 254 Juniper Avenue, B-3 Carlsbad, California 92008 t i -1- APN 204-240-55-13 204-240-55-14 204-240-55-15 204-240-55-16 204-240-55- 9 204-240-55-10 204-240-55-11 204-240-55-12 204-240-55- 5 204-240-55- 6 204-240-55- 7 204-240-55- 8 204-240-55- 1 204-240-55- 2 204-240-55- 3 204-240-55- 4 204-240-55-14 204-240-55-9 19. Mr. and Mrs. Grant Clavier 256 Juniper Avenue, A-5 Carlsbad, California 92008 204-240-55- 6 20. Occupant 256 Juniper Avenue, A-6 Carlsbad, California 92008 204-240-55- 7 21. Occupant 258 Juniper Avenue, B-7 Carlsbad, California 92008 204-240-55- 1 22. Occupant 258 Juniper Avenue, A-7 Carlsbad, California 92008 209-240-55- 2 23. Occupant 258 Juniper Avenue, A-8 Carlsbad, California 92008 204-290-55- 3 24. Occupant 258 Juniper Avenue, B-8 Carlsbad, California 92008 204-240-55- 4 25. Mr. and Mrs. Ernest Heyworth 4544 Cambridge way Carlsbad, CA 92008 204-240-14 26. Mrs. Elva Hicks 3608 Garfield Carlsbad, CA 92008 204-290-15 27. Mr. Steven Riccitelli and Sandra Riccitelli 4080 Harbor Drive Carlsbad, California 92008 204-240-16 28. Mr. Steven Doctor 4080 Harbor Drive Carlsbad, California 92008 204-240-16 29. Mr. Louis Sebesten 3640 Garfield Carlsbad, California 92008 204-240-17 & 18 30. Mr. George Knox and Elizabeth Knox 3349 Dwight Avenue Riverside, California 92507 204-240-19 31. Roger and Elizabeth Yreebar 1819 Gaviota Circle Carlsbad, California 92008 204-240-20 32. Mr. Cyril Gammon and Margaret Gammon 270 Juniper Avenue Carlsbad, California 92008 204-240-22 33. Mr. James Rowe 330 Juniper Avenue Carlsbad, California 92008 209-240-53 34. Mr. Brooks Worthing 247 Juniper Avenue Carlsbad, California 204-290-2$ 35. Mr. Bartolo and Mrs. Eloise Sargosa 257 Juniper Avenue Carlsbad, California 204-240-29 ' -2- I) 36. Mr. Charles Halberg 267 Juniper Avenue Carlsbad, California 92008 204-240-30 37. Mr. Chester J'aVger Mrs. Eileen X3e, 636 Alamosa Drive Claremont, California 91711 204-240-31 38. Mr. Stephen Nelson and Mrs. Donna Nelson 3711 Highland Avenue Carlsbad, California 92008 204-240-32 39. Mr. David Okun and Sheila Okun 29571 Seahouse Cove Laguna Niguel, California 92677 204-240-41 40. Mr. Richard Sheridan 2100 W. Palmyra Avenue, #81 Orange, California 92668 204-240-42 41. Albert and Henrietta Blacic 260 Hemlock Avenue Carlsbad, California 92008 204-240-43 42. Mr. Ray Waters and Esmeralda Waters 246 Hemlock Avenue Carlsbad, California 92008 204-240-44 43. Mr. Samuel Myers and Colleen Myers 11114 E.13ermuda Street Cerritor, California 90701 204-240-45 44. Mr. Herbert Potz and Pamela Potz 3770 Garfield Street Carlsbad, California 92008 204-240-46 45. Mr. Edward Jones 3748 Garfield Street Carlsbad, California 204-240-47 46. John and Michelle Klein 3728 Garfield Street Carlsbad, California 92008 204-240-48 47. William & Elsie Scheffer 3710 Garfield Street, #A Carlsbad, California 92008 204-240-49 48. Occupant 3710 Garfield Street, 4B Carlsbad, California 92008 204-240-49 49. Occupant 3710 Garfield Street, #C Carlsbad, California 92008 204-240-49 50. Roger and Carolyn Peterson 1404 Farrand Road Fallbrook, California 92028 204-232-01 51. Larry and Sarrane Morse 557 W. 17th. Street, Ste. 206 Merced, California 95340 204-232-02 52. Robert & Jean Haman 24842 Woodside Lane E1 Toro, California 92630 204-232-03 -3- 53. Marlene Johansing & z Paul Orfalea 12992 Caminito del Canto Del Mar, California 92014 54. Judy Davis 531 Elm Avenue Carlsbad, California 92008 55. Robert and Bassebell Smith, et. al 11606 Gleneagle Terrace Costa Mesa, California 92627 56 Stonehedge Inv. Partners 4 11. 4th Avenue, 1405 San Mateo, California 94402 57. Acacia Cove Association 12725 Stone Canyon Road Poway, California 92064 58.. Catalina Land Dev. Corporation 3010 Cowley San Diego, California 92117 59. David and Rose Chen 3 Cherbourg Newport Beach, California 92660 60. Michael & Carol Enright 72 Fremont Place Los Angeles, California 90005 -4- 204-232-04 204-232-05 204-251-11 204-240-01,02 & 03 204-240-04 204-240-05 204-251-01,02 & 03 204-251.-09 & 10 0 1200 ELM AVENUE CARLSBAD, CA 92006.196E a Office of the C/ty Clef* UP of Carlibab TO: Bobbi Hoder, Planning Dept. FROM: Deputy City Clerk DATE: February 11, 1986 RE: APPEAL - Administrative Variance No. 858 - Beilby TELEPHONE (619) 436.5535 The above item has been appealed to the City Council. Please determine when the item will go to Council and complete the form below and return it to the City Clerk's Office. According to the Municipal Code, appeals must be heard by the City Council within 30 days of the data that the appeal was filed. Please consider this when setting the data for the hearing. Thank you. The appeal of the above matter should be scheduled for the City Council Meeting of1� i Signature Date *** Please note their request for a date after March 18, 1986. 0-., LAW OFFICES , FEIST, VETTER. KNAUF AND LOY A PROFESSIONAL CORPORATION RAYMOND F. FCIST 810 MISSION AVCNUE. SUITE 300 NORM/1N L. VETT,ER J ONN 6 LOY . POST OFFICE BOX 240 ROBERT C. KNAUF RAYMOND F, FEIST, JR, OCEANSIDE. CALIFORNIA 92054.0040 IIfl20-ifl7fl1 ALAN N. BURSON OCRRY L. CURTIS TELCPMONC MCNRY R. MAOUC February 5, 1986 fB191 722•1914 Lee Rautenkranz City Clerk City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008-1989 Gentlemen: Re: Administrative Variance No. 858 - Beilby We are in receipt of your letter of February 4, 1986 advising the necessity of an appeal fee in the above mentioned matter. Enclosed herein is our check in the amount of $275.00 for the appeal. Kindly inform us of the date of the hear-- ing,bearing in mind our request for a date after March 18, 1986, (please see the copy of our January 30, 1986 letter, enclosed). Your cooperation is appreciated. Very truly yours, FEIST, VETTER, KNAUF AND LOY --z. Lt-�O* John I. Loy Enc. 2 1200 ELM AVENUE CARLSBAD, CA 92008.1989 Oilide of the City Clark TO: Bobbi Hoder, Planning Dept. FROM: Deputy City Clerk DATE: February 11, 1986 RE: APPEAL — Administrative Variance No. 858 — Beilby TELEPHONE (619) 438.5535 The above item has been appealed to the City Council. Please determine when the item will go to Council and complete the form below and return it to the City Clerk's Office. According to the Municipal Code, appeals must be heard by the City Council within 30 days of the date that the appeal was filed. Please consider this when setting the date for the hearing. Thank you. The appeal of the above matter should be scheduled for the City Council Meeting of Signature Date *** Please not6,their request for a dateafter March 18, 1986. LAW OFFICES FEIST, VETTER. KNAUF AND LOY B10 A PROFESSIONAL CORPORATION RAYMONO F FE15T NORMAN L VETTec MISSION AVENUE, SUITE 300 JOHN 1 LOY POST OFFICE BOX 240 ROBERT C KNAUF RAYMOND F FEIsT. jR, OCEANSIL)E. CALIFORNIA 92054-0040 ALAN H BURSON 41920-1979) GERRY L. CURTIS HENRY R. HAGUE TELEPHONE February 5, 1986 1619) 722-1914 E Lee Rautenkranz City Clerk City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008-1989 ( Gentlemen: Re: Administrative Variance w I No. 858 - Beilby We are in receipt of your letter of February 4, 1986 advising the necessity of an appeal fee in the above mentioned matter. 3 Enclosed herein is our check in the amount of $275.00 for the appeal. Kindly inform us of the date of the hear- ;`., ing,bearing in mind our request for a date after March 18, enclosed). (please see the copy of our January 30, 1986 letter, )' Your cooperation is appreciated. Very truly yours, FEIST, VETTER, KNAUF AND LOY John I. Loy Enc. 2 av LAW OFFICes FEIST. VETTER. KHALIF ANb LOY A PROFCSSIONAL CORPORATION NO pM AN L. VLTTCR MONO F, FEIST 810 MISSION AVENUE. SUITE 300 JOHN 1. LOY POST OFFICE SOX 240 ROOERT C. KNAUF RAYMOND F, F .,ST. JR. OCEANSIDE. CALIFORNIA 92054-0040 0920-1079i ALAN H. BURSON GERRY L. CURTIS TELEPHONE HENRY R. HAGUE January 30, 1986 1619) 722 1914 i ii i City Council 3 City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Re: Administrative Variance No 858 - Beilby Ladies and Gentlemen: The Planning Commissions of the City of Carlsbad voted last Tuesday, January 22, 1985, to deny the request ofour-client, Marichu Beilby, for a variance for her six foot fence in the front yard setback area. This letter constitutes her appeal to the CitCouncil of the order of denial as set forth inthe Planning Commiss- ion Resolution #2531. We are aware that the Carlsbad code states that the appeal must be heard within 30 days from the receipt of the a 1, however, because the undersigned will be out of the country through February, that time period is waived by Mrs. Beilby and we request the hearing be set for a time after March 18, 1986. F �,.•' .;4ery truly yours, A Xy7' KNAUF AND LOY c.c. Mrs. Beilby I� -ACCOUNT NO. CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 438.5601 I DATE AMOUNT "a TOTAL e � s CITY OF CARLSBAD, 1200-'EL- AVENUE CARLSBAD, CALIFORNIA 92008 438!5621 ,J RECEIPT NO. `,-5 1 TOTAL t I 1200 ELM AVENUE CARLSBAD, CA 92008.1989 Office of the City Clerk February 4, 1986 TELEPHONE tti (619) 438.5535 John I. Loy Feist, Vetter, Knauf and Loy P.O. Box 240 Oceanside, CA 92054-0040 Re: Appeal of Administrative Variance No. 858 - Beilby On February 3, 1986, I received your letter dated January 30, 1986, appealing the Planning Commission denial of a request for a variance by Marichu Beilby. Your appeal fee was not included. The fee for appealing a Planning Commission decision to the City Council is $275.00, and the appeal cannot be scheduled until the fee is received. Therefore, if the $275.00 fee is not received in this office within ten days of the date of this letter, we will consider your appeal withdrawn. &UaITENKR�ANZ City Clerk LR:kk NORMAN L VETTER JOHN I LOY '• RAYMONO FEIST. JR ALAN H BJRSON GERRY L CURTIS } HENRY R. HAGUE y' �v VI LAW OFFICES FEIST, VETTER. KNAUF AND LOY A PROFESSIONAL CORPORATION e10 ! ;OU AbrN.C. SVIIL dU0 POST OFFICE BOX 240 OCEANSIDE. CALIFORNIA 92054-0040 City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Ladies and Gentlemen: January 30, 1986 Re: Administrative Variance No 858 - Beilby /hpyoA-lee) Ae.-1e, c ROBERT C. KNAUF (1920.1979) TELEPHONE (619) 722-1914 The Planning Commissions of the City of Carlsbad voted last Tuesday, January 22, 1985, to deny the request of our client, Marichu Beilby, for a variance for her six foot fence in the front yard setback area. This letter constitutes her appeal to the City Council of the order of denial as set forth in the Planning Commiss- ion Resolution #2531. We are aware that the Carlsbad code states that the appeal must be heard within 30 days from the receipt of the appeal, however, because the undersigned will be out of the country through February, that time period is waived by Mrs. Beilby and we request the hearing be set for a time after March 18, 1986. ery truly yours, //4ST, E ER, KNAUF AND LOY John Zoy c.c. Mrs. Beilby -j I