HomeMy WebLinkAboutAV 01-02; 1275 Hoover Street Fence; Administrative Variance (AV)4 City of Carlsbad
December 11, 2001
Lyndie M. Meissner
1275 Hoover St
Carlsbad CA 92008
SUBJECT: AV 01-02 - HOOVER STREET FENCE
The Planning Director has completed a review of your application for an
Administrative Variance, AV 01 -02 at 1275 Hoover 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 cannot be made and therefore, denies this request based on the following
findings and conditions.
Findings:
1. There are not 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
the subject property and surrounding properties meet all of the zoning
requirements for lot size and dimensions and there are no significant
topographical features on or near the property.
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 the
surrounding and neighboring residential uses do not possess side or rear yard
fencing over six feet in height.
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 the overheight fence is located
in the middle of the internal side property boundary and does not interfere
with vehicular or pedestrian visibility.
4. The granting of this variance will not adversely affect the comprehensive
General Plan because fencing is a common feature of residentially designated
property because side and rear yard fencing are typical features in single
family residential areas and no impacts to vehicular or pedestrian circulation
exist due to the overheight fence.
1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us
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AV 01-02 - HOOVER STREET FENCE
I December 1 1, 2001
Page 2
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 1635 Faraday Avenue in Carlsbad, along
with a payment of $440.00 plus postage costs for public noticing. 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 Michael Grim
at (760) 602-4623.
Assistant Planning Director
GEW:MG:cs
C: Chris DeCerbo
Kathy Farmer
October 26,2001
City of Carlsbad
1635 Faraday Avenue
Carlsbad, Ca. 92008-731 4
Mr. Michael Grim:
Re: Case No. AV 01-02
Hoover Street Fence
We have no objection to the wall that has been constructed over six feet in height on
subject property.
Had a permit been required at the onset of the project, or when alerted by Gene
Kellogg, Code Enforcement Officer that there were concerns, most of the issues that
developed on this project and potential issues that may arise, could have been avoided.
The City's Web Site states that "codes have been carefully enacted to protect the
health, safety and general welfare of you and your property". We feel the City failed in
this regard to protect our property and to grant a variance for a problem created by
total defiance of City's Rules and Regulations is a poor solution.
Sincerely,
Emily E. S'chroder
CC: Mr. P. Kelley