HomeMy WebLinkAboutAV 82-06; Rick Kennedy Construction; Administrative Variance (AV)1200 ELM AVENUE
CARLSGAD, CALIFCRNIA 92008
Rick Kennedy Construction
722 Crestview Road
Vista, CA 32083
Subj:~ct: Administrative Variance No, 82-6, Request to Allow a
10-Foot High Fence Within the Rear Yard Setback at 7117 Obelisco Circle, Carlsbad
he Land rise Planning Office has comFleted a review of your applicaticn for an administrative variance at 7117 Obelisco
Circle.
____ Finding!: '1 j That there are no exceptional or extraordinary circumst.ances
or ccsilditions applicable to this property that do aot
generally apply to other property in the same viciniky and zoned as the surrounding neighborhood contains nuacrous through-lots with similar sloping topography.
2) That the requested variance is not necessary for th2 preser- vation of a substantial- property right po?-;s.~ssecl by other
property in the same vicinity and zone but which is denied to
t.he subject property since the rear yard is adequate to
accojnittodate recreational uses, including a tennis court:
without the necessity of a variance. Further, a similar
variance request: for a tennis court fence in the rear y.zrd setb:lck, of Lot 681 of Ohelisco Place, was denied by the
Pla;lning Commission as not satisfying the required findi.r,gs
for approval of a variance.
.
December 2 1 , 1982
Paae Two
3) That t-he granting of such variance could he materially detrimcntal to the general public and injurious to property in the vicinity since the visual impact of a 10-foot fence on
top of 'a small retaining wall in the rear yard setback would
be considerable, not only on adjoining property but the area in general as the lot is located on one of the highest points in La Costa and the fence would, therefore, he visible for a great distance.
Unless ag>pealed as provided by the Carlsbad Municipal Code, this
action of denial is final the date this resolution is adopted by
the P1anr-lj.rq Commission. The provision of Chapter 1.16 of the
Carlsbad Nunicipal. Code, "Time Limits for Judicial Review" shall
apply:
"NOTICE TO APPLICANT
The time within which judicial review of ,this decision must be sought is governed by Code of Civil Procedure, Section 1094.6,
which ha:; been made applicable in the City of Carlsbacl hy
Carisbad Municipal Code Chapter 1.16. Any petition.. or other paper seeking judicial review must be filed in the appropriat?
court not lat.er than the ninetieth day following the date on
which Lhis decision becomes final; however, if within ten clays
after the decision becomes final a request for the record of the
proceedings accompanied by the required deposit in an amount
sufficient t.o cover the estimated cost of preparat2on of such
record, the time within which such petition may be filed in court
is extended to not later than the thirtieth day following the
date on which the record is either personally delivered or mailed
to the pxty or his attorney of record, if he has one. A
proceedings shall be filed with the City Clerk, City of Carlshad,
1200 Elin Avenue, Carlsbad, California, 92008."
CITY OF CARLSHAE
By: Catherine D. Nichola'k
MJH : CDN : kb
cc: Sic1 and Genevieve Craig