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HomeMy WebLinkAboutAV 91-10; Stephens Residence; Administrative Variance (AV)" April 3, 1992 Mr. Bob Koslowski 2654 Oleander Vista, CA 92083 SUBJECX: ADMTNISTRAl"lVARIANCE NO. 91-10 - SEPHENS RESIDENCE - Request .. for an admmstrative variance for a fence over 42" in height within the front yard setback at 7339 Bolero Street. Dear Mr. Koslowski: The Planning Director has completed a review of your application for an Administrative Variance, to allow a fence which exceeds the maximum 42" height in the front yard setback at 7339 Bolero Street. After careful consideration of the circumstances surrounding this request, the Planning Director has determined that the four findings required for granting an Administrative Variance can be made and, therefore, APPROVES this request based on the following findings. 1. There are exceptional and 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 since the subject property slopes down from east to west and south to north necessitating special consideration be given to both structural and aesthetic concerns in regard to the construction of a decorative wall on the property. The solid decorative stucco wall is constructed using pilasters within the front yard setback. Since the property slopes down from side to side as well as front to back, pilasters on the lower portion of the property must be elevated to the same height as those on the higher portion of the property. The height of the portions of the wall connected to these pilasters must also increase to maintain an aesthetically pleasing appearance. 2. The requested variance is necessary for the preservation and enjoyment of a substantid property right possessed by other property in the same vicinity and zone but which is denied to the property in question since other properties in the same vicinity and zone with similar topography are entitled to the same structural and aesthetic considerations requiring that fences or walls exceed the maximum height allowed in the front yard setback. 2075 Las Palmas Drive - Carlsbad, California 92009-1 576 - (61 9) 438-1 161 @ AV 91-10 - STEPHENS RESIDENCE APRIL 3, 1992 PAGE 2 3. The granting of this variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the property is located because the fence does not obstruct sight distances for motorists exiting the property or motorists traveling along Bolero Street. In addition, the fence is not continuous across the entire frontage and therefore does not substantially obstruct the circulation of air nor the penetration of light. 4. The granting of this variance will not adversely affect the comprehensive General Plan because the property consists of one single family home which does not substantially impact any elements of the General Plan, nor the General Plan as a comprehensive document. 1. Approval is granted for Administrative Variance AV 91-10, as shown on Exhibit "A" dated April 3, 1992, incorporated herein by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. No gate or any other obstruction which would require a vehicle stop before entering the driveway is permitted in, on, or above the property's driveway. This decision may be appealed by you or any member of the public to the Planning Commission within ten days of receipt of this letter. Appeals must be submitted in writing to the Planning Commission at 2075 Las Palmas Drive in Carlsbad, along with a payment of $110.00. The filing of such appeal within such time limit shall stay the effective date of the order of the Planning Director until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Anne Hysong at (619) 438-1161, extension 4477. Assistant Planning Director GW:AH:vd c: Bob Wojcik Erin Letsch Don Rideout Jim Davis File Copy Data Entry