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HomeMy WebLinkAboutAV 83-03; Andrew Gerhard Property; Administrative Variance (AV)I. DEVELOPMENTAL SERVICES LAND USE PLANNING OFFlCE 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008-1989 (619) 438-5591 Qitp of Qarls'fiab December 15, 1983 Andrew H. Gerhard 7008 Estrella Del Mar Road Carlsbad, California 92008 Subject: ADMINISTRATIVE VARIANCE NO. 83-3, REQUEST TO ALLOW A FENCE OVER SIX FEET IN HEIGHT WITHIN THE SIDE YARD SETBACK AT 7008 ESTRELLA DEL MAR ROAD. The Land Use Planning office has completed a review of your application for an Administrative Variance at 7008 Estrella Del Mar Road. After careful consideration of the circumstances surrounding this request, the Land Use Planning Manager 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: Findinqs 1) There are no exceptional or extraordinary circumstances or conditions applicable to this property that do not generally apply to other property in the same vicinity and zone, as the subject lot, as well as numerous lots in the surrounding vicinity are relatively level. 2) That the requested variance is not necessary for the preservation of a substantial property right possessed by other property in the same vicinity and zone, since no other wall over six feet in height exists in the vicinity. 3) That the granting of such variance could be materially detrimental to the general public and injurious to property in the vicinity since the granting of this variance would create an undesirable precedent that could spread throughout the City. Unless appealed as provided by the Carlsbad Municipal Code, this action of denial is final the date this resolution is adopted by the Planning Commission. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: Andrew H. Gerhard December 15, 1983 Page 2 "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 has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount 'sufficient to cover the estimated cost of preparation 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 party or his attorney of record, if he has one. A proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Elm Avenue, Carlsbad, California, 92008." CITY OF CARLSBAD Land Use Planning Manager MJH : EVR : ad