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HomeMy WebLinkAboutAV 85-13; Kuhns David Fence; Administrative Variance (AV)DEVELOPMENTAL SERVICES LAND USE PLANNING OFFICE 1200 ELM AVENUE CARLSBAD, CA 92008-1988 (619) 4386591 February 11 , I ., 1986 ,_. ~ David R. Kuhns 7974 Amargosa Drive Carlsbad, CA 92008 SUBJECT: Administrative Variance No. 85-13 - Request for approval'to allow a seven foot high fence. Dear Mr. Kuhns: The Planning Director has completed a review of your application for an administrative variance at 7974 Amargosa Drive. After careful consideration of the circumstances surrounding this request, the Planning Director has determined #at the four findings required for granting an administrative variance cannot be made and, therefore, 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 lot is rectangular in shape and ,relatively flat as are other lots in the vicinity. The request for a seven foot high fence for screening purposes cannot be justified since other lots have been able to use six foot high fences to do the same thing . 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 no other lot has had to apply for a fence higher than six feet for screening purposes. February 11, 1986 Page Two 3. The granting of this variance will be materially detrimental to the public welfare or injurious to the property or improvements in the vicinty and zone in which the property is located because the approval could set an undesirable precedent. 4. The granting of this variance will not adversely affect the comprehensive General Plan because no use change is being requested. YOU have the right to appeal this decision to the Planning Commission within ten days of receipt of this letter. If you have any questions regarding this matter, please feel free to call this office. CITY OF CARLSBAD Planning Director MJH:EVR:bn