HomeMy WebLinkAboutAV 85-08; Marichu Beilbey Fence; Administrative Variance (AV) (7)RAYMOND F. FEIST
NORMAN L. VETTER
JOHN I. LOY
RAYMOND F. FEIST, JR.
ALAN H. BURSON
GERRY L. CURTIS
HENRY R. HAGUE
LAW OFFICES
FEIST. VETTER. KNAUF AND-LOY
A PROFESSIONAL CORPORATION
610 MISSION AVENUE, SUITE 300
POST OFFICE BOX 240
OCEANSIDE, CALIFORNIA 92054-0040
November -. . 21, . . . . 1985 . . . . -,
Mr. Brian Hunter Development Processing Services City of Carlsbad
1200 Elm Avenue Carlsbad, CA 92008
Dear Mr. Hunter:
ROBERT C. KNAUF
l1920-1979l
TELEPHONE
16191 722-1914
Re: Application Administrative of
Variance of Marichu Beilby
We have been advised by Mr. Ruiz, your staff
officer processing our client's application for a
Variance for her fence, that he is recommending denial
of the application and that the report should be
completed by tomorrow and on its way to you for forward-
ing to the Land Use Planning Manager, Mr. Hosmiller.
This letter is written to present our thoughts as to
why the request should be granted rather than denied
and to request that it be referred to or made a part
of the report, whichever you deem appropriate.
The reason given by Mr. Ruiz for denying the Var- iance is that there are no other fences encroaching in the set back on that street in that area. We would like to point out that there are two houses dir- ectly across the street which are within the set back area, apartments on the southeast corner of Juniper and Garfield are within 7 feet of the property line and the houses immediately to the west of our client's condo- minium project are within 7 and 8 feet of the property line. I understand the area on Juniper for the apart- ments across the street is a side yard set back rather than a front yard set back, and that one house to the
west of the applicant's is also a side yard set back,
but the house immediately west of the applicant's pro- ject is a front yard set back of only 7 feet facing Juniper.
Although the side yard set backs allow such build- ings, from the standpoint of appearance to the neighbor- hood they impose on Juniper St. just as much as if they actually faced Juniper.
Mr. Brian Hunter -2- November 21, 1985
Since the area in question is the first R-3 zone
east of Garfield, it appears that the houses to the west
of the applicant's unit and her fence form a logical transition from 8 and 7 foot set backs through her 9
foot set back to the 20 foot set back. This same pattern
applies to the south side of Juniper from the 7 foot set back of the apartments through the two 18 foot set backs to the 20 foot set back desired. Additionally, I would
note that the building set backs are much more permanent
than the fence in question.
Although I'm aware you have the Site Plan drawn
by our engineer, Mr. Ruden, I am enclosing another one because Mr. Ruden failed to fill in the numbers on the houses to the west although the location of the houses is to scale. The footage has been entered on the enclosed plan and I have highlighted each of the buildings discuss- ed herein.
Lastly, you have advised me that you will be out of town next week and therefore I am sending a copy of this letter to Mr. Hosmiller, since it may not get to you in time for inclusion in the staff report.
Your courtesies are appreciated.
AUF AND LOY
Enc .
cc: Mr. Michael Hosmiller
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