HomeMy WebLinkAboutAV 06-09; JOHNSON RESIDENCE; Admin Decision LetterC 0
City of Carlsbad
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November 29. 2006
Maria and Terry Johnson
4804 Baroque Terrace
Oceanside, CA 92057
SUBJECT: AV 06-09 -JOHNSON RESIDENCE
The Planning Director has completed a review of your application for an Administrative
Variance, AV 06-09 at 7335 El Fuerte. The variance consists of a request to have an over
height retaining wall in the front yard setback along the driveway on a panhandle lot. The wall
would increase from 3.5 feet at the property line to 6.2 feet approximately 160 feet from 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.
Findings:
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, in that the subject lot is a flag lot with steep
topography and there are constraints on the location and width of the driveway.
Additionally, the adjacent lot to the north is at a higher elevation (up to 6.2'). The
retaining wall is necessary to constrain an at grade driveway whereby the
retaining wall will not extend above the elevation on the adjacent lot.
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, in that there are elevation differences
between the subject property and the property to the north. At the driveway
entrance the difference in grade is 3.5 feet and increases to 6.2 feet approximately
160 feet from El Fuerte Street
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, in that the portion of the over height retaining wall is in the front
yard setback; however, that section is approximately 160 feet from El Fuerte
Street and would not be located within a sight distance area, nor would it interfere
with vehicular or pedestrian visibility.
4. The granting of this variance WILL NOT adversely affect the comprehensive General
Plan in that the subject property is designated Residential Low density (RL) in the
City's General Plan and retaining walls are one of the typical components found in
residential areas, and there wouldn't be any impacts to vehicular or pedestrian
1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @
AV 06-09 -JOHNSON RE~ENCE
November 29, 2006
Page2
circulation due to the height and location of the retaining wall. Therefore, the
granting of this variance would not be detrimental to the General Plan.
Conditions:
1. Approval is granted for AV 06-09 as shown on Exhibits "A" -"8" dated November 29,
2006, on file in the Planning Department and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
2. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
3. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
4. Prior to the issuance of the building permit, Developer shall submit to the City a Notice of
Restriction executed by the owner of the real property to be developed. Said notice is to
be filed in the office of the County Recorder, subject to the satisfaction of the Planning
Director, notifying all interested parties and successors in interest that the City of
Carlsbad has issued an Administrative Variance on the property. Said Notice of
Restriction shall note the property description, location of the file containing complete
project details and all conditions of approval as well as any conditions or restrictions
specified for inclusion in the Notice of Restriction. The Planning Director has the
authority to execute and record an amendment to the notice which modifies or
terminates said notice upon a showing of good cause by the Developer or successor in
interest.
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 1635 Faraday Avenue in Carlsbad, along with a payment of $570. 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
regardtng this matter, please feel free to contact Pam Drew at (760) 602-4644.
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DON NEU
Assistant Planning Director
DN:PD:bd
c: Chris DeCerbo, Team Leader
Joanne Juchniewicz, Project Engineer
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