HomeMy WebLinkAboutAV 91-15; Khadem Residence; Administrative Variance (AV) (4)March 12, 1992
James Khadem
7327 El Fuerte Street
Carlsbad, CA 92009
SUBJErn est to allow a fence to exceed the
Dear Mr. Khadem:
The Planning Director has completed a review of your application for an Administrative Variance,
to allow a fence to exceed the maximum allowed height of 42" in a front yard setback at 7327 El
Fuerte 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 and
conditions.
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. The portion of fence currently located upon the
sloped portion of the property is designed with the top part of the fence stepping with the
contours of the slope. This sloped portion of the property consists of the shortest part of
the fence situated on the south half of the property and the portion of fence located north
of the property's driveway. In order to allow a fence with a "stepping" type design to
function with a practical and aesthetically pleasing appearance, the extension of each step
exceeding the height limit of 3 feet 6 inches can be justified.
For the remaining portion of the fence located south and adjacent to the driveway, the
grade begins to level-off. At approximately 14 feet south of the property's driveway, the
fence is designed to change direction from a north-south direction to an east-west direction.
This portion of the fence steps-up with the property's topography with the tallest pilaster
reaching 6 feet in height. Again, in order for the fence to function with a practical and
aesthetically pleasing appearance consistent with the remaining design, the extension above
the 3 foot 6 inch height limit can be justified. This pilaster, in turn, sets the tone of height
for the remaining portion of fence which extends northward until reaching the south edge
of the driveway.
2. The requested variance IS necessary for the preservation and enjoyment of a substantial
property right possessed by other property in the same vicinity and zone. Other properties
in the same vicinity and zone have topography similar to the subject property which are
permitted the same right to construct a "stepping" type fence provided that such fence
adheres to the same findings and circumstances granted under the variance.
2075 Las Palmas Drive - Carlsbad, California 92009-1576 - (619) 438-1 161 @
AV 91-1 5 - KHADEM RESIDENCE
MARCH 12,1992
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 safe sight distance for motorists exiting the
subject property nor for motorists exiting the driveway directly south of the subject property.
Safe site distance is obtained from the property south and adjacent to the subject property
in the following manner. The motorist exiting the driveway can first determine if the
sidewalk is clear of pedestrians without encroaching into the sidewalk. Once the driver
determines that the sidewalk is clear of pedestrians, then he may obtain safe site distance
by partially encroaching into the sidewalk while still remaining clear of the street.
4. The General Plan WILL NOT be adversely affected 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.
Conditions:
1) Approval is granted for Administrative Variance 91-15, as shown on Exhibit "A", dated
March 12, 1992, incorporated 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 to stop before entering the
driveway from El Fuerte Street, 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 David Rick at (619) 438-1161, extension 4328.
GW:DR:vd
c: Bob Wojcik
Robert Green
Erin Letsch
Don Neu
Jim Davis
Code Enforcement