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HomeMy WebLinkAboutAV 82-06; Rick Kennedy Construction; Administrative Variance (AV) (2)PROSKAUER ROSE GOETZ SC MENDELSOHN WALTER MENDELSOHI? AIPRED 1. ROSE ALFRED APPEL WILBUR H. FRIEDMAN CHARLES LOOKER HOWARD LICHTENSTElN " -~~ ~ JAMES J.PULD GEORGE M. SHAPIRO WILLIAM P. HIQGINS, JR. OERALD SILBERT RIIWARD SILVER ROBERT DILLOF GEORGE 0. QALLANTZ ROBERT J. LEVINSOHN ANDREW D. HEINEMAN BERNARD GOLD DAVID I. OOLDBLATT YALE H. QELLMAN ARNOLD J. LEVINB HOWARD N. LEFEOWITZ BERNARD TANNENWM HARVEY E. BENJAMIN ALAN S. JAPFE STEVEN J. STEIN MICHAEL A. CARDOZO L. ROBERT EATTERMLY HOWARD L.QANZ PAUL H. EPSTEIN LAWRENCE J. ROTHENBERQ -~ BRUCE S. WOLrF RONALDS.RAUCHBERQ QAIL SANGER SARA S. PORTNOY ALBERT w. DORTZ HERBERT T.WEINSTEIN MARC E. LELAND (NOT ADX. N. YJ RICHARD H. ROWB RUTH 0. SCHAPIRO KLAUS EPPLER HOWARD A.SHAPIR0 BERNARD D.OOLD MARTIN J. OPPENHEIMER PETER E.YAEGER ALAN S.ROSENBBRD M.DAVID ZURNDORPER LARRY M.LAV1NSKY FRANKLIN S.BONEM STEPHEN R. EAYE STAiiLEY KOMAROPP DONALD W. SAVELSON MARVIN DICKER SAUL G. KRAMER ROBERT M. KAUFMAN STUART M.COHEN RONALD S. SCHACHT MORTON M. MANEKER CHARLES D.BREITEL JEROLD ZIESELMAN COUNSEL ~~ LARAINE S.ROTHEYBER0 PAUL BERGER SIDNEY INQBER - 300 PARE AVENUE NEW YORE, N.Y. 10022 CABLE: ROPDT TELEX: ITT 421178 WU l25352 TELEPHONE: (212) 593-9000 TEL.ECOPIER: (212) 593-9587 WRITER'S DIRBCT DIAL NUMBER ll50 CONNECTICUT AVENW,N. W. TELEPHONE: (202) 466-7300 WASHINOTON,D.C.20036 2049 CENTURY PARK EAST LOS ANOELES,CALIF. 90067 TELEPHONE: (213) 557-2900 - - I50 EAST PALMETTO PARK. ROAD BOCA RATON,PLORIDA 33432 TELEPHONE: (305) 391-9700 - 33 THROOMORTON STREET LONDON EC2N 2BR TELEPHONE: 01-606-1987 - 500 OLD COUNTRY ROAD QARDEN CITY.NEW YORE 11530 TELEPHONE:(S16) 746-7900 1982 BECEIVED Land Use Planning Office DEC 14m City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 CITY OF CARLSBAD PhnnI?w DepPement RE: Case File No. AV 82-6 Applicant: Rick Kennedy Construction Co. Notice of Request for Administrative Variance relating to Lot H684 of La Costa Meadows - Unit #4 under Map a7367 filed in the Office of the County Recorder July 19, 1972 Gentlemen : This letter 1s written on behalf of Elaine Berger who is the owner of Lot 680 of La Costa Meadows, Unit No. 4, County of San Diego, State of California, which is near the lot which is the subject of the subject application. Please accept this communication on behalf of Elaine Berger as the expression of her most strenuous opposition and objection to the granting of a variance to allow for the con- struction of a ten foot high chain link fence on top of an eight foot high retaining wall within the rear setback lines of Lot 684. The undersigned is Elaine Berger's husband. As such, I am most familiar with the circumstances attending the acquisition Land Use Planning Office City of Carlsbad -2- December 13, 1982 of our lot and the basis upon which the lots in La Costa Meadows, Unit No. 4 were conceived and sold. We have owned our lot for over nine years. It was and is our intention to build a home on that lot for our personal use at the opportune time. The desirability of the lot and its location is significantly related to the extraordinary views in all directions which are to be enjoyed from the vantage of our lot location. The proposed variance would block part of those views and would do so in a manner which creates an eyesore and thus would down grade the visual attributes of our lot and the overall attractiveness of the area of the cornunity which surrounds Lot 684. We have inquired and ascertained that it is the intention of the construction company building on Lot 684 (the premises being known as 7117 Obelisco Circle) to place a ten foot high fence above a retaining wall to be built in the rear yard setback of Lot 684. A ten foot high fence on top of a retaining wall will bring the overall height of the fencing to one which would be intolerable and would interfere with the use and enjoyment by the neighbors of the views and aesthetics relating to their property. We do not know the ultimate intention of the parties making the request for variance. In the past, requests of this kind have been precursors of intentions to place tennis courts and these proposed fences are often draped with material or made up of colors which either block views or create eyesores. The reason for the existing regulations and resolutions limiting the height of fences to under six feet is manifest. Its purpose was to maintain a profile and ambiance that was consistent with maintaining the beauty of the community and to avoid impairment of the aesthetics of the community. To disregard the legitimate interests, both economic and aesthetic, of the people within a development and the conxtunity in general to accommodate a fairly circumscribed personal preference of an owner would be to ignore the purpose of imposing these requirements and limitations. The proposed fence would give an almost quasi-commercial appearance to what should be a lovely residential neighborhood. This is not an area which is heavily wooded or screened in which the presence of the fence would go unnoticed. It is at a high point overlooking all of the La Costa establishment and the fence at the suggested height would literally stick out or rather "stick up" like a sore thumb. . 2 U h Land Use Planning Office City of Carlsbad -3- December 13, 1982 We are writing to voice our objection to the adminis- trators to whom this request or application has been made and would respectfully request that the application be denied summarily. If the denial cannot be handled administratively in summary fashion and a more elaborate procedure is necessary, we would like to be advised as to the steps to be taken for theprocedure to be envoked to prevent the variance. Your cooperation in the latter regard would be most appreciated. As youmight imagine, when one feels strongly that one is being injured and damaged and is not in geographic proximity to the scene, there is a special type of frustration. We would, however, at the risk of being redundant, wish the Commission to be cognizant of the fact that we believe that the approval of the application to be unjust and would exhibit a callous disregard for the rights of adjoining owners. We would appreciate indulgence. PB: jp cc: Ms. Sally Kristof VIA PUROLATOR COURIER