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HomeMy WebLinkAbout1984-08-21; City Council; 7819-1; Native Sun front setback wall denial approval- CIT' -)F CARLSBAD - AGENDI JILL AB# 7819-#1 I TITLE: APPROVAL OF PLANNING COMI.!ISSION MTG. 8/21/84 DEPT. CA DENIAL OF VARIANCE V-357 NATIVE SUN DEPT. HD.- CITY ATTYVA CITY MOR.= RECOMMENDED ACTION: If the City Council concurs with the suggested findings and conditions of approval and wishes to grant the appeal and approve the variance your action is to adopt Resolution s No. 772% . ITEM EXPLANATION The City Council, at your meeting of August 7, 1984, indicated your intention to grant the property owner's appeal and approve variance V-357. We have prepared suggested findings based on the evidence introduced at the public hearing and the City Council should satisfy itself that they adequately reflect your intentions in the matter. Since the variance was before the Council as an appeal there were no recommended conditions of approval. As directed by the Council the resolution includes a condition requiring that the area between the wall and sidewalk be substantially landscaped with mature plant materials. The resolution was also referred to the Land Use Planning Department and we have incorporated their additional recommended conditions of approval in the resolution. EXHIBIT Resolution No. 7722 I ..... RESOLUTION NO. 7722 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA GRANTING AN APPEAL AND APPROVING A VARIANCE TO ALLOW A SIX FOOT HIGH WALL WITHIN THE FRONT YARD SETBACK ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF OCEAN certain property Bernardino has been filed with th Planning Commission: and blic hearing as proscribed by ring as proscribed by considerati those persons determined to grant the appeal. 1 2 3 4 K U e 7 E 9 1c 11 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: I A. That the foregoing recitations are true and correct . \ That based on the evidence presented at the public City Council grants the applicant's appeal and iance V-357 as shown on Exhibit A, attached hereto and made a findings and subject to FINDINGS : 1. 2. 3. 4. requiring substantial mature lled between the street and the wall. accordance w pursuant to development. conditions o necessary rder to utilize th rty for single family ed from the CONDITIONS The variance is approved subject to the as shown on Exhibit A attached hereto and made a part hereo 2. 1 2 3 4 5 6 7 a 9 10 11 12 2 Y Q 13 a5 8 P ggz; 1 0 14 0C.P mUQ1 15 z ZK 3a gg:s 17 ze y aa C 3 18 19 20 21 22 23 24 25 26 27 28 urv SkSP. 16 >t- a V APPROVED AND ADOPTED at a regular meeting of Council, held on the day of 1984 by the fo vote, to wit: ABSENT: AYES: NOES : 1984 by the fo ATTEST : ALETHA L. RAUTEN 3. F?ESOLUTION NO. EXHIBIT "A" v-357 CONDITI S: + 1. 2. 3. 4. as shown on Exhibit "A", eference and on file c beach access. Said re landscaping and shall be Planning Manager maintained in a healthy and , and debris. hall prepare a shall be submit to construction tk E 1. 2. 3. 4. 5. v. 7. 8. 9. 10. 11 12. 13, 14 .. August 3, 1904 Po the Citj Council of Carlsbad: 3: I;ative Aun 7-357 Appeal - 1 OK Council Agenda, dug.7, 1984 icr As one of the concerned ho:xowners in tiic 7ranville park area I respectfully submit for 2our consideration, the following arguments in opposition to t:i& requested variance permitting six-foot high solid wall within trx twenty foot reqzired set-back fron the street, cro?>osed wall to be located about tt-ree feet frcn the sidewLlk. ?here are no Extraordinary coeditions applicr_ble only tc ti,is pr ope r ty . There is no extension or" variances frcrn adjacent properties. It would be detrinental to Fropert? values in this vicinity. Traffic safety factors would ae invcived. A securitj problea for Golice nay be created by such a wall. fne pedestrian right of view corridor will be occluded. A provocation of caalicioas vandalism will result. 30 other such variance esthe tically repugnant to neighboring property owners hrs been requested or qranted. The granting of this one could set a precedent for allowing similar variances to other prcpertg oxners seeking isolation froa the streets. Over 400 people surveyed at the site voic6d opposition to tile construction of a six foot ivall so close to the street. The plannin? ccmnission has already heard and denied tLe request. Tourisrn will not be encourcged b? such a wall. Security can be attadned by more compatible systems. ?ela,js, cnntinuances, appeals and otlxr tactics i,ave been resorted to while earti1 is noved, ditci ES dug and fences moved to gain more favcrable xgbtiabl6 pcsiticns for develope rs. The contention that the wall is needed as securit.1 for residents of the developnent is highly debatable. The eo ntiguous stree t is patrolled b;, the police. If a threat to tPAe residents'security surfaces, it would nore likely corne from the beach frontage of the area, where police are unable to patrol in mobile units. In conclusion, w6 hoiieoilmers are opposed to any barrier ;iri:ich obstrwts our view of the ir'adific Ocean, one of tlx inportant factors leading us to acquire proprtj xd make our hcmss in Granville Lark. Thank you for this opportunitj to present ;njr views for your consideration. , 92908 August 7, 1984 My name is Alan Jackson and I reside at 240 Pacific Avenue, Car1sbad;this is about two blocks from the site ofthe requested variance. I have lived in the Granville Park neighborhood for the past five years and have spent most of the fifteen summers before that at my parents home, 260 Normandy Lane, which was then used as a family vacation cottage. At the council meeting of July 17, my father, Donald E. Jackson, detailed the Granville Park Homeowners Association's opposition to the construction of the proposed six-foot high masonry wall. At that meeting you were given a petition signed by over 400 users of Buena Vista Beach supporting our position. Tonight I would just like to add a few of my own thoughts on the subject. The developer has stated that the purpose of the wall is to provide security for the homeowners within its bounds. We are certainly not against security. We are only trying to preserve our right to a view over and between the rooflines of an otherwise beautifully designed development. We would prefer not to be cordoned off by this oppressive, high solid wall. If security is indeed the reason for a wall, we would like to suggest that there are any number of alternative styles of fences that could provide as much or more security while being less visually offensive than the proposed wall. An example of one such alternative is a wrought iron fence. Such a fence would provide security, allow safer vehicle egress, permit us a view of the seascape, blend more aesthetically with the French Normandy archetectural style of the houses and would be less likely to be defaced by graffiti. In closing I would like to say that we are not against developing this property. Yes, we were shocked when beach sand was used to fill in a large portion of Buena Vista Lagoon. And, yes, we opposed the developer's original plan to build on the lagoon shore. But we feel a good compromise has been worked out between the developer, the public and the California Coastal Commission. We welcome new homeowners to our neighborhood. But we hope they will be just that - neighbors - and not just strangers who use our streets and beaches only to disappear mysteriously at the end of the day behind their "security wall" to enjoy their exclusive view of the sun setting over the Pacific Ocean.