HomeMy WebLinkAboutAV 88-06; LYLE STEWART SIX-FOOT WALL; Admin Decision Letter2075 LAS PALMA$ DRIVE
CARLSBAD, CA 92009-4859
June 16, 1988
Lyle Stewart
1106 Hymettus Avenue
Leucadia, CA 92024
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PLANNING DEPARTMENT
CD
TELEPHONE
(619) 438-1161
SUBJECT: ADMINISTRATIVE VARIANCE NO. 88-6 -Request Constructio~
of a 6' wall in the front yard setback on La Costa
Avenue.
Dear Mr. Stewart:
The Planning Director has completed a review of your application
for an Administrative Variance at 2464 La Costa Avenue. After
careful consideration of the circumstances surrounding this
request, the Planning Director has determined that the four
findings required for granting an Administrative Variance cannot
be made and, therefore, DENIES 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. The lot in question
is approximately the same size and configuration as
surrounding property.
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 the new house was
built on this lot in conformance with city codes. All
existing circumstances, such as traffic noise, setbacks,
wall height restrictions, were in place before the house was
built. A sound wall could have been incorporated in the
design within the setback limitations. The same conditions
and restrictions apply to all nearby property owners.
3. The granting of this variance will 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 construction of a high wall in the
Lyle Stewart
June 15, 1988
Page Two
front yard is contrary to the intent of the ordinance,
Chapter 21.46.130 of the Carlsbad Municipal Code which is to
maintain good visibility to and from all driveways for
traffic safety, avoid a "closed-in" aspect along the street,
and enhance the appearance of the streetscape.
4. The wall measures 6 1 from its existing grade, but the grade
at the base of wall is approximately l' -1.5' higher than
the adjacent driveway, making the wall effectively 7i higher
than the street.
5. The CC&Rs of the La Costa unit south allow for a 6' high
fence in the front yard setback. However, these regulations
were superceded by the City's zoning code when the area was
annexed into the city of Carlsbad.
You have the right to appeal this decision to the
Commission within ten days of receipt of this letter.
have any questions regarding this matter, please feel
call this office.
CITY
~o
MICHAEL J. HOLZMILLERtf,1.
Planning Director
MJH:MF/af
Planning
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