HomeMy WebLinkAboutAV 88-06; Lyle Stewart Six Foot Wall; Administrative Variance (AV)..
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2075 LAS PALMAS DRIVE
CARLSBAD, CA 92009-4859 TELEPHONE
(619) 438-1 161
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PLANNING DEPARTMENT
June 16, 1988
Lyle Stewart
1106 Hymettus Avenue Leucadia, CA 92024
SUBJECT: ADMINISTRATIVE VARIANCE NO. 88-6 - Request Construction
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.
Findinqs:
1.
2.
3.
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.
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.
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
e
Lyle Stewart
June 15, 1988
Paae 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 llclosed-inll aspect along the street,
and enhance the appearance of the streetscape.
4. The wall measures 6' from its existing grade, but the grade at the base of wall is approximately 1' - 1.5 I higher than the adjacent driveway, making the wall effectively 7' higher than the street.
5. The CCCRs 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 Planning
Commission within ten days of receipt of this letter. If you
have any questions regarding this matter, please feel free to
call this office.
CITY OF CARL#BAD
MICHAEL J. HOLZMILLERF
Planning Director
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