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HomeMy WebLinkAboutAV 16-01; 6659 LEMON LEAF DR; Admin Decision LetterApril 26, 2016 Matthew Krimmer 6659 Lemon Leaf Drive Carlsbad,CA 92011 SUBJECT: AV 16-01 -6659 LEMON LEAF DRIVE (._ City of Carlsbad The City Planner has completed a review of your application for an Administrative Variance, AV 16-01 to approve the replacement of an existing five foot tall fence with a six foot tall fence within the front yard of a single-family residence located at 6659 Lemon Leaf Drive. After careful consideration of the circumstances surrounding this request, the City Planner 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. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification in that the lot is the only lot in the area located between two corner lots where fences/walls on these corner lots are permitted up to six feet in height at the property lines along Lemon Leaf Drive. The subject property is considered a key lot and has a front yard setback of 15 feet where fences over 42 inches in height are prohibited. However, an existing fence approximately five feet in height was constructed by the original home builder in the front yard and approved by Minor Variance AV 13-02. Furthermore, Lemon Leaf Drive curves on this side of the property, creating an oddly shaped convex front yard setback. Replacing the existing five foot fence with a six foot fence fits in with the surrounding neighborhood in that there are existing walls approximately five to six feet in height on both sides of this property along Lemon Leaf Drive and the new fence will directly tie into the wall to the north, which creates a uniform design. The existing over height fence has existed since the home was completed in 2005 and no formal complaints from the neighborhood have been received to date. The replacement of the five foot fence with a six foot fence will not interfere with vehicular sight-distance, as the driveway is located on the opposite side of the property. 2. That the variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located and is subject to any conditions necessary to assure compliance with this finding in that the lot is located between two corner lots and the existing fences and walls in the neighborhood were installed by the developer prior to occupancy. The new fence is proposed in approximately the same location as it exists today and a portion of the fence complies with the front yard setback requirement as shown on the approve exhibits. 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property in that fences and walls are permitted on residentially zoned property. Community & Economic Development Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov AV 16-01-6659 LEMON LEAF DRIVE April 26, 2016 Page 2 4. That the variance is consistent with the general purpose and intent of the general plan and any applicable specific or master plans in that the property is developed with a single-family residence which is consistent with the existing R-4 Residential General Plan Land Ulse Designation for the subject site. Furthermore, fences are commonly found on and permitted oin lots developed with a single-family residence. 5. In addition, in the coastal zone, that the variance is consistent with aind implements the requirements of the certified local coastal program and that the variance does not reduce or in any manner adversely affect the protection of coastal resources as specified in the zones included in this title, and that the variance implements the purposes of zones adopted 1to implement the local coastal program land use plan in that the site is designated RLM for single-family residential uses and an existing single-family home exists on the site that was part of a larg:er project approved by Coastal Development Permit number CDP 98-68. Furthermore, there are no sensitive coastal resources on the site. The proposed improvements are not located in an ,o:1re1a of known geologic instability or flood hazard. No public opportunities for coastal shoreline ac:cess are available from the subject site and no public access requirements were conditioned for the project since it is not located between the first public road and the ocean. The residentially designated site is not suited for water-oriented recreation activities and the existing fence doe:; not obstruct views of the coastline as seen from public lands or the public right of way, nor otherwise damage the visual beauty of the coastal zone. Conditions: 1. Approval is granted for AV 16-01 shown on Exhibit "A", dated April 26, 2016, on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. The existing fence may be repaired or reconstructed with the same or different material(s) compatible with the neighborhood. However, the fence/wall shall not ei<ceied six feet in height within the required front yard and shall be located substantially in the same location as shown on the approved plans. 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 $673.00 plus notice fees. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner 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 Chris Garcia at (760) 602-4622. Sincerely, r) ./JA ~ VAN~~_. Principal Planner VL:CG:fn c: Don Neu, City Planner Steve Bobbett, Project Engineer Data Entry File Copy HPRM