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HomeMy WebLinkAbout1996-05-21; City Council; 13665; APPEAL - TARYAN FENCE - AV 95-02- r . 5 5 .? u s v1 G g 0“ k cd k u 0 R a, E u 0 2 R -4 U $ ; z .rl 5 ri cd cd a, b bo u a, a a, a a, 4-J a a, *ti a d LI 0 u z G & a d z 5 0 0 ,’ - L‘ L;i)Y U). CAHLSUAU - Ati A BILL AB # 13 dh < -- T’ITLE: DEPT. MTG, 5/21/96 APPEAL TARYAN FENCE AV 95.02 DEPT. 3”‘’ PI N RECOMMENDED ACTION: CITY A CITY M That the City Council direct the City Attorney to prepare documents UPHOLDING denial of Administrative Variance 95-02. ITEM EXPLANATION On April 3, 1996, the Planning Commission upheld (6-0, Erwin absent) a Plan Director decision denying an administrative variance to allow an increase in fence hc from the allowed maximum of six feet to eleven feet on property located at 11 10 Car Del Sol Circle, in the Residential Single Family (R-1-7500) zone. The City is acting on a complaht that the applicant has erected a five foot fence or of a six foot masonry wall along the rearyard portion of the property. The fence PO replaces a dilapidated fence that existed when the applicant purchased the proper 7976. The intent of the fence is to prohibit access to the applicant’s property (whict- an 11’ deep swimming pool) from the adjacent property. The property owner ha objection to the fence and has submitted a letter to that effect. Both the Planning Director and the Planning Commission have found that the reqi findings for the variance cannot be met. With the illegal fence section removed remaining fencing meets the pool fencing requirements. The applicant has ( options available to further protect his property and be in compliance with the Carl: Municipal Code. The denial of the Administrative Variance request requires that the applicant maintaii fence at a height of six feet, removing the extra five feet of fencing. ENVIRONMENTAL REVIEW The project is exempt from environmental review per section 15303(e) of the Sta California Environmental Quality Act Guidelines. FISCAL IMPACT None. EXHIBIT 1. 2. 3. Planning Commission Resolution No. 3910 Planning Staff Report dated April 3, 1996 Letter of Appeal, dated April 11, 1996. 1 ‘b 1 2 3 4 5 6 7 8 9 10 11 12 l3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHl 0 0 PLANNING COMMISSION RESOLUTION NO. 3910 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, UPHOLDING THE PLANNING DIRECTOR’S DECISION TO DENY AN ADMINISTRATIVE VARIANCE TO ALLOW AN ELEVEN- FOOT TALL FENCE ON PROPERTY GENERALLY LOCATED AT 1110 CAMINO DEL SOL CIRCLE. CASE NAME: TARYAN FENCE AND WALL APPEAL CASE NO: AV 95-02 WHER.EAS, John S. Taryan has filed a verified application fc property, to wit: Parcel 9 of Camino Del Sol , in the City of Carlsbad, County of San Diego, State of California, according to parcel map thereof No. 5406 filed in the Office of the County Recorder of San Diego County, June 16,1964. with the City of Carlsbad, which has been referred to the Planning Commission: WHEREAS, said verified application constitutes a request Administrative Variance as provided by Chapter 21.51 of the Carlsbad Municipal ( WHEREAS, the Planning Commission did, on the 3rd day of April, a duly noticed public hearing as prescribed by law to consider said request; and WHEBEAS, at said public hearing, upon hearing and considering all and arguments, if any, of all persons desiring to be heard, said Commission cons factors relating to AV 95-02. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Commission of the City of Carlsbad 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 Administrative Variance, AV 95-02, based on the following findings: .... I L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 0 0 Findings: 1. That there are not exceptional or extraordinary circumstances or cc applicable to the property or to the intended use that do not apply genera other property or class of use in the same vicinity and zone, in that other p are similar in shape, size and topography. All the lots in the vicinity are ret requirement of the R-1-7500 zone. The property adjacent to the north is at elevation of the subject property. The six-foot tall masonry fence along the property line meets five-foot minimum pool fencing requirement for thi property. The bottom of the fence on the easterly side (interior side yard) the top of the masonry wall. This meets the fencing requirements for the p wooden fence attached to the top of the masonry wall is above the six4 height allowance and is above and beyond the fencing requirements for pc That the requested variance is necessary for the preservation and enjoyn substantial property right possessed by other property in the same vicinity but which is denied to the property in question, in that no other proper vicinity has an approved wall or fence over six feet in height. That the granting of this variance could be materially detrimental to the property since it would expose the adjacent property to a solid barrier elev height which could reduce light and air circulation. That the granting of this variance will not adversely affect the General Pla the property is developed with a single-family home which is consistent Residential Low-Medium (RLM) General Plan Land Use designation. in shape, are wider than the minimum width, and meet the 7500 square foc 2. 3. 4. .... .... .... .... .... .... .... .... .... .... PC RES0 NO. 3910 -2- I - 1 2 3 0 0 PASSED, APPROVED, AND ADOPTED at a regular meetir Planning Commission of the City of Carlsbad, California, held on the 3rd day of A1 I 4 5 6 7 8 by the following vote, to wit: AYES: Chairperson Compas, Commissioners Monroy, Nc Welshons NOES: Commissioners Nielsen and Savary ABSENT: Commissioner Erwin ABSTAIN: None 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LL-L +) WILLIAM COMPAS, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOLZ~LLER Planning Director I PC RES0 NO. 3910 -3- 11 - 0 EXHI lh City of Carlsbad Plhg Departlgeoi 0 I- A REPORT TO TEE PLANNING COMMISSIONi Item NO. @ Application complete date: October 30, 1995 Project Planner: Van Lynch I Project Engineer: Ken Quon SUBJECT: AV 95-02 TARYAN FENCE AND WALL APPEAL - Request for z Administrative Variance to approve an eleven-foot tall fence on the norther (rear) property line located at 1110 Camino Del Sol Circle, zoned as R- 7500, and in the Local Facilities Management Zone 1. P.C. AGENDA OF: APRIL 3, 1996 I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 393 UPHOLDING the Planning Director’s decision to DENY Administrative Variance 95-0 based on the findings contained therein. 11. INTRODUCTION The applicant is appealing the Planning Director’s decision to deny a request for i administrative variance. The requested variance is for an existing five-foot wooden fen( which is on top of a six-foot tall masonry block wall. The fence is located on a portion 1 the rear property line, and the total combined height is eleven feet. The Planning Directc denied the request on November 29, 1995 because the findings of exceptional 1 extraordinary circumstances and preservation of a substantial property right could not 1 found. The improvements were also found to be materially detrimental to the adjace property. 111. PROJECT DESCRIPTION AND BACKGROUND The single family zoned lot is located on the corner of Adams Street and Camino Del S Circle. The fence is located on a portion of the rear property line of the subject lot, whic is also a portion of the adjacent lot’s side yard. The properties on both sides of the wall a graded to the same elevation. The subject property has a cut slope along the interior sic yard that extends the length of the property. This same slope continues along the side ya of the adjacent lot and to it’s rear yard. At one time, there may have been the ability climb up the slope to the top of the wall. The wooden portion of the fence was intendc to keep people and animals from crossing into the subject property’s yard and pool are: The fence is a violation of CMC section 21.46.130 which does not allow fences or walls exceed six feet in height. The City has never allowed fences over six feet unless finding f a variance could be made. F e AV 95-02 TARYAN bl\(CE AND WALL APPEAL APRIL 3, 1996 PAGE 2 The applicant states that the fence was existing when the property was purchased in 197t and that the fence was reconstructed in 1992 because the old one was dilapidated. The Cii received a complaint on October 24, 1994. During the notice period, a letter from the adjacent property owner, who shares the wall an fence, stated he had no objection to the granting of the administrative variance. Can the four findings required for the granting of a variance be made? Namely: '- A. Are there exceptional or extraordinary circumstances or conditions applicabl to the property that do not apply generally to other properties in the Sam vicinity? Is the granting of the variance necessary for the preservation and enjoymer of a substantial property right possessed by other properties in the sam vicinity and zone but is denied the property in question? Will the granting of the variance not be materially detrimental to the pub1 welfare or injurious to the property or improvements in the vicinity and zor in which the property is located? Will the granting of the variance not adversely affect the comprehensii General Plan? B. C. D. Iv. ANALYSIS A. Exceptional or Extraordinary Circumstances There are no exceptional or extraordinary circumstances or conditions applicable to tl property or to the intended use that do not apply generally to the other properties or cla of use in the same vicinity and zone because other properties are similar in shape, size ar topography. All the lots in the vicinity are rectangular in shape, are wider than tl minimum width, and meet the 7500 square foot lot size requirement of the R-1-7500 zon The property adjacent to the north is at the same elevation of the subject property. The si foot tall masonry fence along the northern property line meets five-foot minimum PO fencing requirement for the subject property. The bottom of the fence on the easterly sic (interior side yard) tee's into the top of the masonry wall. This meets the fencir requirements for the pool. The wooden fence attached to the top of the masonry wall for pools. B. The requested variance is not necessary for the preservation and enjoyment of a substanti property right possessed by other property in the same vicinity and zone but which is denic to the property in question because no other property in the vicinity has an approved wi above the six-foot fence height allowance and is above and beyond the fencing requiremen Preservation of a Substantial Property Right AV 95-02 TARY AF!!!!hCE AND WALL APPEAL e APRIL 3, 1996 PAGE 3 or fence over six feet in height. C. The granting of this variance could be materially detrimental to the adjacent property sinc it would expose the adjacent property to a solid barrier eleven feet in height which coul reduce light and air circulation. D. The granting of this variance would not adversely affect the comprehensive General Pla because the property is developed with a single-family home which is consistent with th Residential Low-Medium (RLM) General Plan Land Use designation. V. ENVIRONMENTAL REVIEW Since the project involves the construction of a wall which is accessory to the main structui on the property, the Planning Director has determined that the project is exempt fro Act Guidelines. ATTACHMENTS 1. 2. Location Map 3. Background Data Sheet 4. Disclosure Form 5. 6. 7. '- Material Detriment to Public Welfare Affect on the General Plan environmental review per Section 15303(e) of the State of California Environmental Quali Planning Commission Resolution No. 3910 Copy of applicant's Justification for Variance and plans Letter dated December 8, 1995 Letter dated November 16, 1995 VL bk 0 e k- @ NORTH TARYAN FENCE &WALL AV 95-02 0 BACKGROUND DATA SHE+ CASE NO: AV 95-02 -- CASE NAME: APPLICANT: John S. Tarvan REQUEST AND LOCATION: LEGAL DESCRIPTION: Parcel 9 of Camino del Sol, in the City of Carlsbad, County of San Diego, S of California, According to Parcel Map thereof No. 5406. APN: 206-261-10 Acres 0.19 Proposed No. of Lots/Units (Assessor’s Parcel Number) TARYAN FENCE AND WALL APPEAL Weauest for a fenceball to exceed six feet in height GENERAL PIA’ AND ZONING Land Use Designation RLM Density Allowed 3.2 Existing Zone R-1-7500 Proposed Zone N/A Surrounding Zoning and Land Use: (See attached for information on Carlsbad’s Zoning Requiremc Density Proposed N/A Zoning Land Use Site R- 1-7500 Residential North R-1-7500 Residential South R-1-7500 Residential East R-1-7500 Residential West c- 1 Commercial PUBLIC FACILITIES School District Carlsbad Water District Carlsbad Sewer District Carlsbad Equivalent Dwelling Units (Sewer Capacity) N/A Public Facilities Fee Agreement, dated N/A ENVIRONMENTAL IMPACT ASSESSMENT __ Negative Declaration, issued - Certified Environmental Impact Report, dated Other, to be filed upon determination by decision making; body. - D I SCLO S L'RE STATEMENT A?PLICANT'S STA-EUEW ZF SlSCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPUCATlONS WWCH WIU RE 3lSCRETIONARY ACTlCN CN 'kE PART OF mE CffY COUNCIL OR ANY APPOINTED 80ARO. COMMISSION OR COMMCrrEE ,Please Print) The following information must be disclosed: 1 Applicant \ Lst the names and addresses of ail persons having a financial interest in the application. hII <.TcwVkfi Mi(\O & so1 cr. Cik 4w@? 2. Owner hst the names and addresses of all persons having any ownership interest in the property invol s/ 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the addresses of all individuals owning more than 10% of the shares in the corporation or owning an interest in the partnership. 4. If any person idenWd pursuant to (1) or (2) above is a nonprofit organization or a trust, list th ot the trust. addresses of any person serving as officer or director of the nonprofit organization or as trustee 1 FRM00013 8/90 2075 Las Palmas Drive 0 Carisbad. California 920094859 0 (619) 438-11 Perron ia dotinod u: 'Any tndwtdud. ttrm. copurnonhip. joint vonturo. .uoCi.OO~, 8ociai club. fr.Umd OrQMU8bOn. corporation. ortat4 ~.COIVW. lyndlCIt0, thl8 and any othor county. cny urd county. cny muniCtpJRy. dmtnd or 0m.r polled rubdwtuon. of MY otkof gr cometnation acting u I una' - , 0 e - I w JUSTIFICATION FOR VARIANCE By law a Variance may be approved only if certain facts are found to exist. Please read thes requirements carefilly and explain how the proposed project meets each of these facts. U: additional sfi'eets if necessary. 1. Explain why there are exceptional or extraordinary circumstances or conditions applicabl to the property or to the intended use that do not apply generally to the other property ( class of use in the same vicinity and zone: f3uR nAc !< )PbRD eAV -'/CtVhOn9 FRONT 'fmc) AQC WE tl VE llcn a39 rilr .. 9TR SEI' FRQM A 3W PPkhG -R tNf'.Cbfl, d 9&EK urt>/n, c pu QES SNG CX&tD,$!! " ALAVE RliN fkWfD WE 9fldWRY nF sM sTZJe9 &dlJND%?fdETZ', WH&?E MAN c t/ /LLPOA& P&?P'Lk TR, - YP iL+Z fF6 OD 8T&jW - 2. Explain why such variance is necessary for the preservation and enjoyment of a substanti property right possessed by other property in the same vicinity and zone but which is denie to the property in question: &JORiTY OF OUR RA CkYARD ~4 BUT8 TAipf? 3lDb PA' tWiD /$A vi!? Ck]],DRkN e 4 THF)( pay l/v fAt - PArro AR& - D.im ~NF PAW. THit.R - TWMS(~H - . )ZZNAD 2 R tflafl 9') MAN9 TMVlES Jb& 0 N&DR&/v w WU? THROW MARIO iY: : - 9 &&,& TOfAPRPLR7A/LS. FMEN A -SMALL ROOK- - - 1 3. Explain why the granting of such variance will not be materially detrimental to the pub1 welfare or injurious to the property or improvements in such vicinity and zone in which th property is located: &pL&p)/&r t@d ON &@ 2 4. Explain why the granhg of such variance will not adversely affect the comprehensive ph moo04 10/9 c @ CofiriNuEO e I-TEM #b 1- NECGH&~R~ PROPmrfES, ~UERE M'AV.G GEE& /HGTAA/~ FOOD SXHE RAN 10 TAE N,GiGf4&R% FRoN~ YARO #k SCail'NC Dd WALL 4 JahPiA/c iNm ndfl HAci< Lic3flo. dEAgiNG M@I9K5 1 WOt'iD PLlTON GAcr< YARD LIGUTS( e) Tu,& PER9oN(S) W0i)rl.O CLIMB BACj< ov~~p ru~ W/J MAbfi' TMG3 MY WIFE SAlD WF WOLILD i4db-f BAR WlW ALOMC ?HE TOP W i1J6 WALL ro PREVENT WE PnssjatLiriPQ FR~A TWQ rm~~ ilvidc ~6a d LIYG~ OUR vIsuAL 90SSjBiir/&S ARE REsTRfrIXD- TiiB?G hG.1 MSG9 'WlAWV CARLSBAD PQLiCG LiAVE CaME n3 riJM0LI Y"RONT OBOR TO R3K ThrAT f,4IEY BE PMMITTED n3 9EAR4 a,!JR flACkyARf? ns TH/-y W&RE i/r%%?MED TmTPERS ERE PURSUGD PmPih- Ar-JER STEBLLNG fTFM FRO, 1 abPPEN/flG.S'- TfiLER GARAGE ExTEflDS BEYOND rjjg HAW€ SCALEO auA BACWARD WALL. OMEA ~t3~~afiR9 X INFORMGD L19 TAAt$%AW A CcwPiK PEaPLG SCAL~NG m ONF VER)~ t/vrER&9yl#G GjTUArmN e vaNS sranE w' pok~zo aHE EdEHING, udKN&w/NGLY f LpLrr ii4E i40 "' FOR 14 -NALI<. Tj4E POL~CK 9~ vv ME LGA-WYG IHE PROPEd' TbL23 rid& PULfCG THAT A CduPi~ SCAiEO uuR BLSCkYAK I rlduba14r I -WAS rg~ SUsjPEcr DUE ra rHlEn mrii Ti-l~ 1 IE~!Z rw JUST IVIISSEO MY WlFG B GPANO DAUCL~R WMO TiME WSRE iM TIJG POOLc ON ONE OCCALi/OA/ riJG TEA TljRlzW A DEAD RATnVER Til€ WALL i~t~ TidE'P0oi-L COURT CA9E i=oOLLOWED A9 ORDERED BY CAmSOAD PW AS i<Eys rid&- fluST e MAQRS An& LFFT ON WE 130 QoaL, RilSiZBAALLS, AAr3 ~ GA9KEfBALL9 drEN,vIS BAiLS, CtaARn@tG BUTTS. /f ALMOSi APPEAR9 TLJAT OUR 13, RAT COMING OR AELEIG fA'ROWM+ POLICG WERE CALLEi WAS DUG TO THE SECOND RAT? 13glNG rMRowr/,, DI"i-lER IT 19 A DUMPtNG AREA- iN 19TG WE PURCI4AgED TiJIS A7 MAT TIME ruem rm now> ai-" CI~VDGR ALOC~~~ df ;TOP OF TiJf 9LUMP BLOCK WALL 63LOtvG WiTU A v ~%A/CE AT rijE 13Acic 6'ivD OF ri.,~ wbiL,TiJE mpf PLACED $NOT PLX?N)IJNTL')/ QmwauL=O,i"lJiS i9 fran ENfEQIflG FOR EMERGEMW CASZ~ AS iiI<E THE FIRE ~WGR RL=S%ING TEAM,TI.~~=' mmrms OWNGR piacgn ra fl€TfQ TiJE NGiGiJROXS FROM PilRcwIrqG jrr LMS OVl OWfdL=JZ 1MFQRMEn US ~UA~+Q~ND~R QmCj<2 WGR~ 7 dlf07- BE DETR 4s PRoP&RrYj/\r VICINiTY, AS /Ti3 A rVEAre'&ROERL1?/ FASi-liON, Uc n~Fu9iNG ra GRAM7 Wf9 VARjANCE CAN PflOVS p1/"L=n/ ~tFg TGREATiNG, /NSPECTlOI"lQF ft4E Af?Eb 9 YO ~-HF/A IR A on wuRiaU9 Ti Ir&Nwd GKAiV\T;riN -I .9 VhRtANCE W I_ PROVE TUT PO^, MY MAM CONCERN 19 re REWF ACCESS TD OLrR P0oL.wr-lrcl-l 19 i3 Fl!?Er 1N TZ/s WA EhrD d TAPPEglNG TO i PePPlf OF // FEEE fug OR/'( b~~gfl OFOUR P~~oP@RTY f-hb *RL=&iX Ad G FM~E K~TE~D~NG AAOO~ 12' FROM fits gAck 01 PflODkflTy. LEADi/VG in/ A WE9rEflLY DIREct/am/, LEAIG~I.C OE rm FG;MIC\L~ EM03 AT n-is mn or OUR ~ENA~~TS DF 3920 ADbMs CL/IILD~EN(~ND FAMILY Rg,v PUILI=a PARrC aiz fi4K L~L~QD bown/#?A~so D~RI; A DARBPGUL=,FWER FIRE WAC roo BIG &riJs F~A, 1GlvIrED PARE oF Ti%@ WOOD, THERE WLSRE LARGE PdMP /.JOoSkG TBCE SAfD FENCG bL=rER/ctFd AS : Of3ENIIVGS dA REAL G!45'9dE, 17" WA9 GEY8NO RH DUE f0 l%G GROLINO LAY OUT OF T14jEiZ PROPL=/2TYs LGADNG UP TO T%E ARGA OF WE i=z&cL=/TlWR CA WOULD WALR bP Ti-& UfLC g5~1 WS WALL/ ThLrN,J DOWN jivra aurz PROPGRTL TH~R DOG VVOUXIW nui rtdE nos coucr, NOT BE A%E ro JUMP BAck ~ p~~hl WOULD /,lbV~ rO ET FC~E OWNGR To RiXRiv DOGb TLJi9 tz/o~~~ HhPp~!?fi OFrlZA/ d EVEN AT 291 i mv CONEPR~~ WA~ NOT r-0~ WE ~a~,nilr FOR ru GOING iwo ri-& Pooi W~~LJDLIT B~='IA/G AWARE OF ri M&t~c~.r WAS C~MPELED ro REMOW Trx RKMA~ Tl-JL? FLz'NCG PCoN4jtR~ci" A NE& I-'ENCL= 6::'nOG K SI-IIP to OTHERS. AT WE COS 0F4150,A NEW j=L=nll PKPvmr TlJE DANG GR9 ASSoCiArsn vUIr@PcmLb\ QEFLISAL OF 7flf VARIAr(CE TfJE PRfvAccG OF PRm mr/5L"~I=,,11S TIE CODE - REQuinG's PonL mc W~.(OM InIouLn ~IJG R~~PLWY~~BT~ES LI~ WOULD 1~ w / WooD, Ti419 Wouin PPorECi ML- -6ic ANY itnslLrjgS CDULO NOT Biz FiJf.~~/~&~~.O~V Mr PART' WHERE e' t&b% cj r3, rNg NL=/OABOR/?Rtr'SPA9SL=J? OR MYSt"Liz- XdL= PfiQgiGLF ENT~~Y ra OUR PnowxrV, WOLILB D OVER ri4K WLJLL.&TWL=EN ri& rwa PnaPsAr WE HAVG LOEi'cFD CAPE9 ai^ &Act4 Si&& CIFO~~: fLlI/C& WAS EfhECrED id I992 -fgk- aNLY u/vLA'Wl ._ t i I , , P to ZG? r no C i xz 3 I b z3 i I - i Fa j . m r) 5 z 2i3 rr;i I r0 F __I P P r , - \. -j ._ LI 'C - 4 r. '..A 7- - e EJ + T. : L ,!- 3 920 \ -?-p *- c.2- _- 2" A3..-:[,,;$ \s: ,\ - - s \ ;' I &= t ;' / Ii, (. 8 fl -'x J %' i? 6 +j J.04"; "\ DEt 1995 5 (/B ahtm 1 \ CN Of 1, af?L9R r puNli,NG DEPRflh'EN1 - O&C 9 L I \ u( Carlsiiad - --_ -- D€AR MR, GARY El WAY" Ti419 iE=TgR is ;N REGARD$ FO AV 95-02 ME W;SODEN FENCE ol\r TAE NDIPfldLY(R~f?) p&'opEX: THE [TC)uR Q/=A9ONT GIVEN FoRTHF bl?bdiAL ' vAR~~E ARE Mor LN MMPLFTF AGRFEMGfl Noh UNDER~TAND RE'sofWVG BEHIND YOOR FlNDjNG: OUR PROPERTY WO~DLD SURELY SUED A DIFFFRFN CW9F8 PURPOSE sf THE FENCE- WS MA9 Nor i €RRECTED IN TH€ 3AMFAREA PRIOR ZO MY PUR( FELL APART g BECAME Ah/ ,WLz soR,&. WiTf4 THE A or AMY KIND OF BARR1,!2~&)0GS C?'CMALDIU?H W vFAfTURG /MT-~ oLtR BACkYARB USlNGOUR 5?me l-lOCrSiF RmP AS A STEPWNQ WWE AFTER I/~C~L>EA 2-3 Ymf;!% f ER67ETEQ A NEAT FENCF @ AmfiD A PC ACCfDEP(T Nl?N A TRAQIc PaL DROWNlNG. A ~I~UAL [NsPECT/ON 0F''PKAKE AREA I; ?"ADE. 17 MU3T BE NaTFD TMATA FENCI!? HAD BEl5 OF WP~ PROPL~RJK AFTER qlDlplc~s YFAS~, rr-lp I=& Y'WR FihmiNh3S t13rt'D iN ITEM #i ARE^ RELATXW ro WE ADJAGwr PROPERT)' lN T&& 1~1 ARGkils sffT1RFL.Y WiPF&'E/YT. TU& NEIGUBO~~ GR~ LEvgL (A7 TI-& FENCE AREA7 I3 VG@S/NEAR ~}4&* Tog r.F MASUflRY WALL, THEREFORE TNk? MI/\/jMCIM POC FENCING REQu,REM ENT* IS NQ 7 MET, IN YOCrR #2 FINDING 13 ALQO IN ~ohp~ Dt9A6REgW3V7- A9 tT 19 NOT FOR OUR t-NjoyME BuT r& 9AfFTy OF MCShdP3.2 CAN poipf;r OUT 0 7) PRof%nrEg Tl%T L%XC€ED TH'~ MINIMUM J' HE/GT lml OfYA 1hMEDjATE AREA4 so 9mna- ms TOPOGRAPUY ob;' OUR PRo/Pt-Rw M 3 FINISL,JGS ARE- REAL@ JE~OMW NI WE: 8OARD3 OF MORE -WAN 1'; iF TElD I.3 A fAc$ 1' - cOMP/$EN%O/V IN REGARD9 70 REDUCING ijab&! C1RCULA'Tiah"TNF FENCE BOARDS MAE 9PACPNG 0l ~N~XRSL~ND WHO, HOW 17 WamD SFFECT, TCIF NEIGNBOR U&S NOT HAW OBJEC73ON9 e MV'E, RESTRiCtl ONS OF tiWT Of? ArR. NO4 OF YOUR KrNDING3, CAW NOT B& ~4 Sirood AS in/ RELATION TO THE WaDEh/ FENC IF TW3 VARlANCE I S 13~Mi~d !?%ERE I AN ACCIDENT oF AMY DEGREE, 70 WHOM MAY Z TO AvorD ANY LLBEL SUUS. WlTg OUT P!#€ FE~ THAJ COANFR I9 A SUR€ D€ATH TRAP FOP7 HUM1 # ANiMAi2 AL\IGeTNt3 kEPGCI80R &OW &!SQ'!L&W' LOOK 14s WE do1 $250 P VVAS MDER 7XG BEL/& rM67rh PART 0 As ~-1-i~ OMSET 0 F Y;4/S VARlAMc E 1 PA f 2 MofdlL'g h/lAY fiE kEF/-/f?.Mf?0:,/f0 flk?Lv Ow T SUBJECT- NOW YOU LUK F~R -6/20,006 ra wedL acwGb-/ r WLLL THAT a pCz 3. p."ovJ 7qyw4 i96C IC ry53 J TcJrs UTWR cw~~/;ro~~~ AM JpPFhL FOR TH& Wlfl(A~~p ~5 4 -Qq ydw4v ' * GY@7a e m Carmine Rocci 3920 Adams St. Carlsbad, Ca 92008 November 16, 1995 City of Carlsbad Planning Department 2075 Las Palmas Or, Carlsbad, Ca. 92009-1576 Dear Sirs: 1 have no objection to the requested administrative variance for the fence at 1110 Camino Del Sol Circle, Carlsbad, Ca. : Case 6le: AV 95-02 Case Name: Taryan Residence Sin r y, Carmine L Rocci APPEAL FORM I (We) appeal the following decision of the p( AN&\& c, CUMV!Lt31 ON 9 i @Ai . to the City Cou Project Name and Number (or subject of appeal): Jl/ 9.5- 02 TAR) ‘AN Fiffi/cF A PPEAL Date of Decision: 1 PRI c 3. 19% Reason for Appeal: FENCE ra flF/VI/3/N T , 0 P/{8\/IDF PRoTECT cn O$$lfm IN7-Q p/?, .OPE;nfY L-MVI/lr GA r!‘ POOL- 550 Um-7 cJ .-t w-/rv st rfd RYfl N 1 fG //t /J R ( I, - /I, g+ Date Name (Please Print) ///i, ctqbf/ r/c DEL SOL C!17 c,R RLSRP(S, cn I YRQd? Address 7 -03jk7 Telephone ‘Number 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-28( PROOF OF PUBL@iTIO# (2010 & 2011 C,C,P,) .- STATE OF CALIFORNIA 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 entitled matter. I am the principal clerk of the printer of North County Times formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudged newspapers of general circulation by the Superior Court of the County of San Diego, State of California, under the dates of June 30, 1989 Advocate) case number 171 349 (Bladecitizen) and case number 172171 (The Times-Advocate) for the cities of Escondido, Oceanside, Carlsbad, Solana Beach and the North County Judicial District; that the notice of which the annexed is a printed copy (set in type not smaller than entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: years and not a party to or interested in the above- (Blade-Citizen) and June 21: 1974 (Times- nonpareil), has been published in each regular and May 11, 1996 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated st California, this 13th of May, 1996 This spac&r the County Clerk's Filin! Proof of Publication of Not ice of Public HEarin5 __-------------------- _________---------- NOTICE OF PUBLIC --- NOTICE 1s HEREBY GIVEN that the City Council of the city of Caflsbz hearing at the city hmCil Chambers, 1200 Carlsbad Village Drive, Ca 600 P.M., on Tuesday, May 21: 1996, to consider an appeal of the Plar denla1 of a request for an Administrative Variance for an eleven foot tall fel (rear) property line. on property generally located at 11 io &mino Del ax& R-1-7500, in ~Ocal Facilities Management Zone 6, and more partic, TARYAN FEk AV 95 LANT: John Taryan #t 0 0 1200 ELM AVENUE TELE CARLSBAD, CALIFORNIA 92008 (619) I , ._ Office of the City Clerk @tQ df &l~h3bnb DATE : April 11, 1996 TO : Bobbie Hoder, Planning Dept. FROM : Karen Kundtz, City Clerk's Office RE: AV 95-02 - TARYAN FENCE AND WALL THE ABOVE ITEM HAS BEEN APPEALED TO THE CITY COUNCIL. According to the Municipal Code, appeals must be heard by the City Council within 30 days of the date that the appeal was filed. (REMINDER: The item will not be noticed in the newspaper until the agenda bill is signed off by - all parties.) Please process this item in accordance with the procedures contained in the Agenda Bill Preparation Manual. If you have any questions, please call. _______-_____---________________________------------------------------------ The appeal of the above matter should be scheduled for the City Council Meeting of S igna t ure Date I. APPEAL FOW I (We) appeal the following decision of the LAMI\r)'i b G C.Olk'lrJ! t 2 ioN 19 EC! 15 I * 4Al 1 to the City Coun Project Name and Number (or subject of appeal): At' gs-- GZ I rAr;s YAM F/-"{lif-E ?I. AppE'AL Date of Decision: pnr I, 3. I996 Reason for Appeal : k4k/qc" F T^ 0 /?F/VIA/N T 0 P[{Q\//OF I 3C(o PE/7W * CI'AVj/W fq fJn~rCC1' ci?.Os $ [NG iNTo fir f30@I- ,/q [L cm iJ Date JJlp&qp lf jP6 FAtfi( S' 'iature J G kiq/ s t rpl R)yA It; Name (Please Print) /(/;p L.p fy ,+yl{/Y(? 0E-L SC3h c I/? Address qA r,f% 9 (-J{L/ j7pfip [I. c'R I I Ld pzy' -&/b Telep one Number 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-280; 1 ZUU GARLSBAD VILLAGE DRIVE CARLSBAP, CALIFORNIA 92008 434-2867 REC’D FROM 7ow 5- Tk7PV4d DATE L/.-/)- 96 CASH REGISTER 0 0 .- NOTICE OF PUBLIC HEARING APPEAL AV 95-2 - TARYAN FENCE AND WALL NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6: 00 P.M., on Tuesday, May 21, 1996, to consider an appeal of the Planning Commission's denial of a request for an Administrative Variance for an eleven foot tall fence on the northerly (rear) property line, on property generally located at 1110 Camino Del Sol Circle, which is zoned R-1-7500, in Local Facilities Management Zone 6, and more particularly described as: Parcel 9 of Camino Del Sol, in the City of Carlsbad, County of San Diego, State of California, according to Parcel Map thereof No. 5406, filed in the Office of the County Recorder of San Diego County on June 16, 1964. If you have any questions regarding this matter, please contact Van Lynch, in the Planning Department, at 438-1161 extension 4325. If you challenge the appeal of the request for Administrative Variance in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk's Office at, or prior to, the public hearing. APPELLANT : John Taryan PUBL I SH : May 11, 1996 CARLSBAD CITY COUNCIL e 0 .- @ VORTH TARYAN FENCE &WALL AV 95-02 w 0 0 -. -eGUIGUREN FAMILY TRUST CARMlN E/KATHERI N E ROCCI JOHN/BARBARA VERE 3920 ADAMS STREET 1120 CAMINO DEL SC CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 9200 - 391 0 ADAMS STREET VIRGINIA S PRUDHOME BENNl E/BARBARA ALLEN DAYTON CORP CARLSBAD CA 92008 CARLSBAD CA 92008 PO BOX 30579 1130 CAMINO DEL SOL CIR 11 13 CAMINO DEL SOL CIR ‘/o VONS PROP TAX D LOSANGELES CA 9 RIG N EY FARRELL GEORGE MERCER ROBERT/LIZ SHAW TI CARLSBAD CA 92008 TORRENCE CA 90503 CARLSBAD CA 9200 I I145 TAMARACK AVE 20809 MADRONA AVE 11 65 TAMARACK AVE DONNA AGUIRRE KATHLEEN HAW LEV-MONKS THEODORE J HANSI! 1 175 TAMARACK AVE 11 85 TAMARACK AVE CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 920C 1140 CAMINO DEL SOL CIR JOHN B GASTON TRUST DAVID/ROSEMARY ESHELMAN JERRY/SAUNDRA ED’ 11 85 CAMINO DEL SOL CIR 3980 ADAMS STREET CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 920C 1133 CAMINO DEL SOL CIR JOSEPH/KATHERINE JESEK MR. & MRS. TARYAN 3970 ADAMS STREET 1110 CAMINO DEL SOL CR CARLSBAD CA 92008 /+ ENGINEER CARLSBAD CA 92008 // g?vf PLANNING VAN LYNCH DEFT SD COUNTY PLANNING STE B 5201 RUFFIN RD SAN DIEGO CA 92123 .1 -. -1 r.. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that t Planning Commission of the City of Carlsbad will hold a public hearing at the Coun Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m. t Wednesday, April 3, 1996, to consider a request for an Administrative Variance approve an eleven-foot tall fence on the northerly (rear) property line on propel generally located at 11 10 Camino Del Sol Circle zoned as R-1-7500 and in the Lo( Facilities Management Zone 1 and more particularly described as: Parcel 9 of Camino Del Sol , in the City of Carlsbad, County of San Diego, State of California, according to parcel map thereof No. 5406 filed in the Office of the County Recorder of San Diego County, June 16, 1964. Those persons wishing to speak on this proposal are cordially invited to attend the pub hearing. Copies of the staff report will be available on and after March 28, 1996. If yt have any questions, please call Van Lynch in the Planning Department at (619) 438-1 1 E ext. 4325. The time within which you may judicially challenge this Administrative Variance, approved, is established by state law and/or city ordinance, and is very short. If yl challenge the Administrative Variance in court, you may be limited to raising only tho issues you or someone else raised at the public hearing described in this notice or written correspondence delivered to the City of Carlsbad at or prior to the public hearir CASE FILE: AV 95-02 CASE NAME: PUBLISH: MARCH 20, 1996 CITY OF CARLSBAD PLANNING COMMISSION TARYAN FENCE AND WALL APPEAL 2075 Las Palmas Dr. - Carlsbad, CA 92009-1 576 - (61 9) 438-11 61 - FAX (61 9) 438-08 < * . -4 *- (Form A) - TO: CITY CLERK'S OFFICE FROM: PLANNING DEPARTMENT RE: PUBLIC HEARING REQUEST Attached are the materials necessary for you to notice APPEAL - TARYAN FENCE - AV 95-02 p" "- - Q. Ab- #* for a publfc hearing before the City Council. Please notice the item for the council meeting of . Thank you. April 25, 1996 - Assistant City Man-- Date - - - . ._ - - - Vendor No. m REQUEST FOR REFUND m v- t 001 810 0000 8813 Account No. Amount of Refund Date Fee Paid: 4/11/96 Fee Paid By: John TarYan Facts supporting R~~~~~~: $240 F~~ paid F~~: Appeals of Administrative Variance (AV 95 12/11/95 and Mr. Taryan appealed the denial of his administrative variance the Planning Commission and the City Council. The City Council granted the appeal reversed the Planning Commission decision and directed the appeal fees be refunded Name of Applicant: John Taryan Address: 1110 Camino Del Sol Circle Carlsbad CA 92008 729-0316 Street City State Zip Telephor Signature of Applicant: l,, h* 3Q4.4- Date * Dept. Justification: Rec: cQ&.u-Qd @ Approve 0 Disapprove Finance Investigation: Rec: 0 Approve 0 Disapprove Dept. Head Signature City Manager's Action: City Manager Signature 0 Approve 0 Disapprove 1 ACCOUNT NO. DESCRIPTION '- 5 -- (JL2, ('-/P I i. 1: (,7 , -, /\ I ) A,( GC i /i/ -/i 'j10$ fz/LI/<'j. 1 RECEIPT NO. ' 25511 NOT VALID UNLESS VALIDATED BY TOTAL @ mntbd on rccyctcd paper AM01 ? r/ 0001. 01 - /: I CITY OF CARLSBAD ‘c ‘6 # 434-2867 q L /- 1200 CARLSBA VILLAGE DRIVE CARLSBAD, ’ALIFORNIA 92008 DATE q-11- ; REC’D FROM -j-iYrlA.J 3- ~/],e/Qd I /. NOT VALID UNLESS VALIDATED BY CASH REGISTER TOTAL RECEIPT NO. 29435 @ hntcd on recyclexi paper - - - . - I_ I_ .__ -- -. - --- - __ I - __ - - I_