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Home My WebLink AboutPRE 2023-0057; EXISTING FENCE ON PROPERTY LINE BETWEEN 3936 SYME AND 3950 STELLA MARIS; Admin Decision LetterNovember 27, 2023 Jaime and Brandon Montgomery 3936 Syme Drive Carlsbad, CA 92008 rJ-2 (_ Cicyof Carlsbad B FILE COPY SUBJECT: PRE 2023-0057 (DEV2023-0136) -EXISTING FENCE ON PROPERTY LINE BETWEEN 3936 SVME AND 3950 STELLA MARIS APN: 206-262-31-00 Thank you for submitting a preliminary review for a combination fence/retaining wall project located at 3936 Syme Drive, assessor's parcel number (APN) 206-262-31-00. The project site, an approximately 0.24- acre (10,600-square-foot) lot, currently is developed with a 2,614 square-foot single-family residence and attached garage. The subject property is situated on a cul-de-sac with vehicular access provided from Syme Drive. The project proposes to permit an existing 6-foot-tall fence on top of a retaining wall in the rear yard that exceeds the limits allowed by the zoning ordinance. In response to your application, the Planning Division has prepared this comment letter. Please note that the purpose of a preliminary review is to provide you with direction and comments on the overall concept of your project. This preliminary review does not represent an in-depth analysis of your project. It is intended to give you feedback on critical issues based upon the information provided in your submittal. This review is based upon the plans. policies. and standards in effect as of the date of this review. Please be aware that at the time of a formal application submittal. new plans. policies. and standards may be in effect and additional issues of concern may be raised through a more specific and detailed review. Planning: General 1. General Plan and zoning designations for the property are as follows: a. General Plan: R-4, Residential (0-4 dwelling units/ac). b. Zoning: One-Family Residential (R-1). c. The property is located in the Coastal Zone. The Coastal land use designation and zone are the same as the general plan and zoning above. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2600 PRE 2023-0057 (DEV2023-0136) -EXISTING FENCE ON PROPERTY LINE BETWEEN 3936 SYME AND 3950 STELLA MARIS November 27, 2023 Pa e 2 2. The .project requires the following permits: a. Minor Variance (V} -Pursuant to Carlsbad Municipal Code (CMC} section 21.46.130 and Planning Division Administrative Policy 21, a Minor Variance is required to exceed the maximum six-foot height limit for any combination fence/retaining wall. 3. Minor Variance. a. Pursuant to CMC section 21.50.050, the decision-making authority (City Planner} can approve or conditionally approve a minor variance if the following findings are made: i. 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; ii. That the minor variance or 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; iii. That the minor variance or variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property; iv. That the minor variance or variance is consistent with the general purpose and intent of the general plan, this title and any applicable specific or master plans; v. In addition, in the coastal zone, that the minor variance or variance is consistent with the general purpose and intent of the certified local coastal program and does not reduce or in any manner adversely affect the requirements for protection of coastal resources. b. Staff is preliminarily of the opinion that the findings required to support a request for a minor variance are unable to made for the following reasons: i. Absence of sufficient justification to satisfy finding number 3(a}(i}. Applicant justification provided: Request for exception to height limit on North side of existing fence {3936 Syme) as needed for privacy and protection from owner of 3950 Stella Maris. Repetitive and excessive harassment and intimidation toward residents, visitors, tenants, children and dog. PRE 2023-0057 (DEV2023-0136) -EXISTING FENCE ON PROPERTY LINE BETWEEN 3936 SYME AND 3950 STELLA MARIS November 27, 2023 Pa e 3 Staff response: According to this finding, a property's eligibility for a minor variance requires the property to have unique circumstances, such as lot size, shape, topography, location, or surroundings. While we can appreciate the situation, unfortunately neighbor harassment and privacy do not provide significant justification for this finding as neither neighbor behavior nor the request for privacy constitute a unique circumstance of the subject property. Additionally, a lot with a two-to-three-foot elevation change from the adjacent property does not qualify as a unique circumstance. A difference in adjacent lot elevations is commonplace on Syme Drive, throughout the neighborhood, and the City of Carlsbad. Therefore, the elevation difference does not demonstrate a special circumstance applicable to the subject property. The site plan exhibit provided does not detail how far the wall/fence is from the property line. If the retaining wall was on the shared property line, straddling both properties, a 6-foot-tall fence would be allowed on the elevated pad adjacent to the retaining wall as each property is entitled to a 6-foot-tall fence in the rear and side yard. However, the fence cannot be placed immediately on top of the wall as then the height of the combination wall and fence are required to be added together to determine the overall height of the wall/fence. To mimic this property line scenario, the fence will need to be removed from the top of the retaining wall and placed near the wall, but not immediately on top of the wall. ii. Absence of sufficient justification to satisfy finding number 3(a)(ii). Applicant justification provided: No special privilege -will allow the existing fence to remain to prevent further assault from 3950 Stella Maris. Height should be measured from both property sides because of grade differential. Staff response: The behavior of a neighbor does not serve as justification to make finding 3(a)(ii). The finding is to ensure that the granting of such a variance does not result in allowing special privileges that do not meet the established limitations applicable to other properties within the same vicinity and zone as the subject property. Since there is no hardship experienced resulting from unique property features, the granting of a minor variance for a wall/fence combination exceeding 6-feet in height would grant a special privilege that neighboring properties with similar features are not entitled to. There are many single family properties within Carlsbad that have a grade differential between them. Additionally, the height of a wall, fence, or a wall/fence combination is measured from existing grade or finished grade, whichever is lower. The finished grade on the exposed side of the retaining wall is lowest. Therefore, the exposed side of the wall is where the wall/fence height measurement is taken from. No dimensions of the retaining wall portion of the wall/fence were provided in the PRE 2023-0057 (DEV2023-0136) -EXISTING FENCE ON PROPERTY LINE BETWEEN 3936 SYME AND 3950 STELLA MARIS November 27, 2023 Pa e4 exhibits included with the preliminary review submittal. Code Enforcement inspection photos show the retaining wall portion of the wall/fence to be just under 39-inches in at least one area. With the 6-foot-tall fence on top ofthe wall, this results in a wall/fence combination that is over 9-feet tall -over the allowed 6-feet. 4. Plans. If the applicant wishes to proceed with the minor variance application, a site plan of the property detailing where the wall/fence is located on the property and in relation to the property line is required. Fully dimensioned elevations and cross sections taken from different areas of the wall/fence will also need to be included with a formal submittal. All necessary application forms, submittal requirements, and fee information are available at the Planning counter located in the Faraday Building at 1635 Faraday Avenue or online at https://www.carlsbadca.gov/departments/community-development/planning. You may also access the General Plan Land Use Element and the Zoning Ordinance online at the website address shown. Please review all information carefully before submitting. Land Development Engineering: No Comments. Building Division: 1. Fences under 6-feet are exempt from a building permit. Fences over this height require a building permit. Fire Department: 1. No Fire Department concerns with the fence. If you would like to schedule a meeting to discuss this letter with the commenting departments, please contact Edward Valenzuela at the number below. You may also contact each department individually as follows: • Planning Division: Edward Valenzuela, Associate Planner, at (442) 339-2624 • Land Development Engineering: Nichole Fine, Project Engineer, at (442) 339-2744 • Fire Department: Randy Metz, Fire Inspections, at (442) 339-2661 • Building Division: Mike Strong, Assistant Director of Community Development, at (442) 339-2721 Sincerely, ERIC LARDY, AICP City Planner EL:EV:ES PRE 2023-0057 (DEV2023-0136) -EXISTING FENCE ON PROPERTY LINE BETWEEN 3936 SYME AND 3950 STELLA MARIS November 27, 2023 Pa e 5 c: Jaime and Brandon Montgomery, 3936 Syme Drive, Carlsbad, CA 92008 Nichole Fine, Project Engineer Fire Prevention Laserfiche/File Copy Data Entry