HomeMy WebLinkAboutAV 13-02; 6659 Lemon Leaf Drive; Administrative Variance (AV)~CARLSBAD
Community & Economic Development www.carlsbadca.gov
May 7, 2013
Jack Henthorn
P.O. Box 237
Carlsbad, CA 92018
SUBJECT: AV 13-02-6659 LEMON LEAF DRIVE
The City Planner has completed a review of your application for an Administrative Variance, AV 13-02 to approve
an existing 5 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 Jots where fences/walls on these
corner Jots are permitted up to 6 feet in height at the property lines along Lemon Leaf Drive. The
subject property is considered a key Jot and has a front yard setback of 15 feet where fences over 42
inches in height are prohibited. However, there is an existing fence approximately 5 feet in height that
was constructed by the original home builder which is located in the front yard. Furthermore, Lemon
Leaf Drive curves on this side of the property, creating an oddly shaped convex front yard setback. The
existing fence fits in with the surrounding neighborhood in that there are existing 5 foot walls on both
sides of this property along Lemon Leaf Drive and the existing subject fence ties directly into the wall to
the north, which creates a uniform design. The fence has existed since the home was completed in
2005 and no formal complaints from the neighborhood have been received to date. The existing fence
does 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
Jots and the fences and walls in the neighborhood were installed by the developer prior to occupancy.
No new fence is proposed on this property and a portion of the fence complies with the setback
requirement. The permit is conditioned to allow a fence/wall of the same height in the same location
as it exists today and as shown on the approved exhibit.
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.
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
RY''"'""" Planning Division
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
AV 13-02-6659 LEMON LEAF DRIVE
May 7, 2013
Page 2
consistent with the existing Residential Low-Medium (RLM) General Plan Land Use Designation for the
subject site. Furthermore, fences are commonly found on and permitted on lots developed with a
single-family residence.
5. In addition, in the coastal zone, that the variance is consistent with and 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 to 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 larger project approved by Coastal Development Permit number
COP 98-68. Furthermore, there are no sensitive coastal resources on the site. The proposed
improvements are not located in an area of known geologic instability or flood hazard. No public
opportunities for coastal shoreline access 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 does 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 13-02 as shown on Exhibit "A", dated May 7, 2013, on file in the Planning
Division and incorporated herein by reference. Development shall occur substantially as shown unless
otherw·,se 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 exceed five 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 pay.ment of $638.00 plus public 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.
CHRIS DeCERBO
Principal Planner
CD:CG:
c: Mattew & Tina Krimmer, 6659 Lemon Leaf Drive, Carlsbad, CA 92011
Don Neu, City Planner
Chris DeCerbo, Principal Planner
Steve Bobbett, Project Engineer
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