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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 Data Entry/OMS File Copy