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HomeMy WebLinkAboutAV 97-04; GIA Fence Height; Administrative Variance (AV)July 22, 1997 Gary Hill Gemological Institute of America 5345 Armada Drive Carlsbad, CA 92008 SUBJECT: AV 97-04 - GIA ADMINISTRATIVE VARIANCE FOR FENCE HEIGHT IN THE ARMADA DRIVE LANDSCAPE SETBACK 1. The Planning Director :has completed a review of your application for an Administrative Variance, AV 97-04 at 5345 Armada Drive. 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. Findinas: 1 . There are 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 administrative variance 96-04 was granted for the same area of the property for which this variance is requested.. The previous administrative variance (AV 96-04) permitted a 5 foot reduction of the front yard setback for a length of 84 feet to allow the widening of the drive aisle in the area of the loading dock to accommodate truck maneuvering. The current administrative variance (AV 97-04) is necessary to allow the applicant to construct an aluminum picket fence behind the curb of the widened drive aisle for which the previous administrative variance was granted. The fencing is necessary to secure the site. The 35 foot wide landscape area which will remain provides an adequate landscape setback which when the landscape material grows to maturity will provide screening of the loading area from viewpoints east of the site. The type and color of the proposed aluminum picket fence will be visually attractive. 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 but which is denied to the property in question because the widening of the drive aisle by administrative variance 96-04 was necessary to provide for adequate loading dock access. Because of the applicant's 2075 Las Palmas Dr. - Carlsbad, CA 92009-1576 - (619) 438-1161 - FAX (619) 438-0894 - - AV 97-04 GIA FENCE HEIiLlT lN THE ARMADA DR. LANDSCtxdE SETBACK JULY 22,1997 need to secure the perimeter of the site which is a right possessed by other nonresidential property in the vicinity and the existing encroachment previously permitted into the setback the proposed variance is necessary to allow the fence to be placed behind the existing curb line. The encroachment will be 5 feet into the setback for a length of 84 feet. 3. The granting of this variance would 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 no sight distance obstructions will be created, the fence will be located 35 feet from the public right of way behind landscaping, and the fence design is an open aluminum picket fence which is 6 feet in height and painted green to blend in with the landscaping. 4. The granting of this variance will not adversely affect the comprehensive General Plan because the setback variance is based on unique circumstances involving only the subject property. Therefore, the variance would not uniformly affect the properties of Carlsbad and subsequently the City's General Plan. Conditions: 1. The Planning Director does hereby amrove the administrative variance for the project entitled "AV 97-04" (Exhibits "A" - "E" dated July 22, 1997, on file in the Planning Department and incorporated by this reference, subject to the conditions herein set forth). Staff is authorized and directed to make, or require the Developer to make all corrections and modifications to the administrative variance documents, as necessary to make them internally consistent and conform to the Planning Director's final action on the project. Development shall occur substantially as shown on the approved exhibits. Any proposed development substantially different from this approval, shall require an amendment to this approval. 2. Approval of all gates must be obtained from the Carlsbad Fire Department prior to the start of fence construction. The Carlsbad Fire Department requires that all motorized gates be equipped with a knox override switch. 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 $490.00. 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 Don Neu at (760) 438-1 161, extension 4446. h -_ - . e ' aAV 97-04 GIA FENCE HE1 IT IN THE ARMADA DR. LANDSC, _- E SETBACK JULY 22,1997 PAGE 3 CITY OF CARLSBA-D Assistaht Planning Director GEW:DN:kc C: Bobbie Hoder Clyde Wickham Data Entry File Copy