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HomeMy WebLinkAboutAV 95-02; Taryan Fence & Wall; Administrative Variance (AV) (9)July 17, 1995 John S. Taryan 11 10 carnino Del Sol Circle Carlsbad CA 92008 SUBJECT: ADMlMSTRATIVE VARIANCE 95-02 - TARYAN FENCE AND WALL Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Administrative Variance, application no. AV 95-02, as to its completeness for processing. Ali of the items requested of you earlier have not been received and therefore your application is sill deemed incomplete. Listed below are the item(s) still needed in order to deem your application as complete. This list of items must be submitted directly to your staff planner by amointment. All list items must be submitted simultaneously and a CODY of this list must be included with Your submittals. No processing of your application can occur until the application is determined to be complete. When all required materials are submitted the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, February 3. 1995, to either resubmit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed wit'. 'fawn, a new application must be submitted. P1t.m contact your staff planner, Van Lynch, at (619) 438-1161 extension 4325, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, W(k) GARY E. WAYNE Assistant Planning Director GEW:VL:lb C: Michael Holzmiller Ray Garrison Brian Hunter File Copy Bobbie Hoder Data Entry Bob Wojcik Marjorie/Morgan 2075 Las Palmas Drive - Carlsbad, California 92009-1 576 - (61 9) 438-1 161 @ ~~~~ LIST OF ITEMS NEEDED TO COMPLETE APPLICATION: NO. ADMINISTRATIVE VARIANCE 95-02 - TARYAN FENCE AND WALL Planning 1. Site Plan prepared on 24” x 36” sheets folded to 8 ’12’’ x 11”. See attachment for specific requirements of the submission. ISSUES OF CONCERN Planning 1. The fmt required finding for a variance is that there are exceptional or extraordinary circumstances applicable to the property. The statement that your back yard is adjacent to your neighbors front yard and that you are across the street from a shopping center are not considered to be exceptional or extraordinary conditions. 2. The second finding requires that the variance is for the preservation and enjoyment of a substantial property right that is possessed by others but is denied to your property. You state that the fence height request is to prevent objects from being thrown onto your property from the adjacent property. Your finding also states that the blocks were placed on top of the wall prior to you purchasing the property, yet objects still find there way over the fence. It appears that the increased fence height during your ownership has not reduced the instances of items being hwn over the fence. This is not a valid argument for the finding of denial of a property right possessed by others but a civil matter between yourself and the neighbor. 3. The increase in fence height is not warranted since the existing fence meets the fencing requirement for the pool. The Planning Department must be able to make all of the required findings to be able to grant a variance. After reviewing the application and visiting the site, the department would not be able to make the findings for exceptional circumstances or denial of a substantial property right. You may at this time request a withdrawal of the application and receive a partial refund of application fees. The application will be withdrawn by the city on August 3, 1995 if the application is not made complete by that time.