HomeMy WebLinkAboutAV 91-07; Kelso Wall; Administrative Variance (AV)January 23, 1992
Kevin Kelso
3350 Ridgecrest Drive
Carlsbad, CA 92008
SUBJECT: ;+Request for an 8 foot Retaining
Wall in the Rear Yard Setback
Dear Mr. Kelso:
The Planning Director has completed a review of your application for an Administrative
Variance at 3350 Ridgecrest Drive. 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.
2.
3.
4.
There are exceptional and extraordinary circumstances and conditions applicable to
the property that do not apply generally to the other property in the same vicinity
and zone because the subject property has acquired an access road, that sewed a
single family home, that has since been abandoned, the property resubdivided and
other street access provided to the property. This access road traverses downward
adjacent to the subject property on the south side creating a gully effect.
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 because other properties in the same
vicinity have level and useable side yards. The retaining wall is required to fill in the
gully to provide for a level and useable yard area.
The granting of this variance will 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 because the retaining wall will be located in the rearyard and
will not be readily visible from Ridgecrest. The applicant proposes the wall to be
constructed of tan colored masonry block and to landscape the wall to reduce any
visual impacts off site.
The granting of this variance will not adversely affect the comprehensive General
Plan because the site is developed with a single family home.
2075 Las Palmas Drive - Carlsbad, California 92009-1576 - (619) 438-1 161 @
AV 91-07 - KELSO RESIVVCE
I JANUARY+Z3, W92 i PAGE 2
Conditions:
1. The east side of the retaining wall shall be landscaped and the landscaping shall be
maintained in a healthy and thriving condition, free from weeds, trash and debris.
2. Approval of AV 91-07 is granted subject to the approval of Encroachment Permit PR
4.43.
3. Any fencing or guardrail placed on top of the retaining wall shall not exceed 30" in
height and shall be at least 70% open to light and air.
4. Approval is granted for AV 91-07 as shown on Exhibit "A" and "B", dated January
9, 1992, incorporated by reference and on file in the Planning Department.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
5. Approval of AV 91-07 is granted subject to a deed restriction being placed on the
deed to this property 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 real property owned by the declarant. Said deed
restriction shall note the property description, location of the file containing
complete project details. Said deed restriction may be modified or terminated only
with the approval of the Planning Director, Planning Commission or City Council
of the City of Carlsbad whichever has final decision authority for this project.
6. The east side of the wall shall be painted one earth tone color.
You have the right to appeal this decision to the Planning Commission within ten days of
receipt of this letter. Appeals must be submitted in writing to the Planning Commission
at 2075 Las Palmas Drive in Carlsbad, along with a payment of $110.00. 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 regarding this matter, please feel free to contact Van Lynch at (619) 438-1161,
ext. 4325.
Assisfant Planning Director
GW:VL:vd
c: Bob Wojcik
Erin Letsch
Don Rideout
Jim Davis