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Home My WebLink AboutAV 15-01; MAHON RESIDENCE APPEAL; Administrative Variance (AV)lan and Jessica Mahon 4826 Kelly Drive Carlsbad, CA 92008 Cell: 760-707-2055 Cell: 760-518-1293 imahon@level3construction.com jprietto@level3construction.com Dear Planning Commission, My name is lan Mahon and this Administrative Variance appeal is in reference to the denial of AV 15-01-Mahon Residence at 4826 Kelly Drive. Please see below in response to your findings 1. The front yard would be HALF the size if built outside the front yard setback. Therefor we would be losing half of our front property. The wall is for noise, security and adding value not only to our home, but all the other homes in our area. 2. It is understood that no other property owners were granted a variance for such walls over the 42" in height, but yet there are still MANY other walls, fences, hedges within the same neighborhood exceeding the maximum allowed height. We were only applying for a variance to follow correct protocol. From our understandings and reading your findings on #2 it seems we don't need one. 3. We now understand that even though we are not in an HOA community somehow we still have HOA rules. We understand that we have exceeded the limit of the wall height in our front yard. Although there are CMC codes, it seems as though there are plenty of rules broken within the community. Especially Section 21.46.130. 4. We think as an up and coming younger couple of the community that granting this wall not only raises the value of the neighborhood, but helps set higher standards for the community. We have built a very nice home on this block and we find it WEIRD that the city only wants mediocre homes. If you want "consistent" development of single family neighborhoods I find that hard to swallow after looking a few sample homes when first turning onto Kelly Drive from El Camino. Maybe broken fences and junk yard in front is more of what you are looking for? 5. This wall might not have any impact on sensitive environmental resources, but we have landscaped the whole front yard to be drought friendly and do our part with conserving, Please see attached photo. In closing I'd like to add that all we are doing is trying to have a nice home with our growing family. Not only does this wall look nice and block out some traffic noise, it makes us feel safe. With the close by stabbings to the break in to our vehicle, this just adds a little more security for the family. We hope you can consider the findings on our end and find a place in your heart where this wall that is over 42" in height shouldn't be that big of a deal. We aren't hurting anyone nor trying to. Thanks for your time. Sincerely, The Mahon Family City of Car1sbad Faraday Center Faraday Cashiering 001 1517701-2 06/26/2015 149 Fri, Jun 26, 2015 04:43PM Receipt Ref Nbr: R1517701-2/0053 PERMITS -PERMITS Tran Ref Nbr: 151770102 0053 0057 Trans/Rcpt#: R0109872 SET #: AV150001 Amount: Item Subtota 1: Item Tota1: ITEM(S) TOTAL: Check (Chk# 003683) Tota1 Received: Have a nice day! 1 @ $976.00 $976.00 $976.00 $976.00 $976.00 $976.00 **************CUSTOMER COPY************* From: lan Mahon [mailto:imahon@level3construction.com] Sent: Monday, August 31, 2015 11:48 AM To: Greg Fisher Cc: jprietto@level3construction.com Subject: RE: AV 15-01-Mahon Residence Greg, October 21st and 22nd !'have another conference. DO you have another date? Sorry for the inconvenience. I an From: Greg Fisher [maiito:Greg.Fisher@carlsbadca.gov] Sent: Monday, August 31, 2015 10:38 AM To: lan Mahon <imahon@level3construction.com>; iprietto@level3construction.com Subject: RE: AV 15-01-Mahon Residence Hi lan, The Planning Commission only meets twice a month (every two weeks) so the next available hearing date is i;Q~t~ I will follow up with information regarding the hearing process. For now, please confirm October 21st. Thanks, Greg {"city of Carlsbad Greg Fisher Planning Division 1635 Faraday Ave. Carlsbad, CA 92008 www.carlsbadca.gov 760-602-46291 760-602-8560 fax I greg.fisher@carlsbadca.gov Facebook I Twitter I You Tube I Flickr I Pinterest I Enews From: lan Mahon [mailto:imahon@level3construction.com] Sent: Monday, August 31, 2015 9:04AM 2 To: Greg Fisher; iprietto@level3construction.com Cc: Debbie Fountain; Van Lynch Subject: RE: AV 15-01-Mahon Residence Hi Greg, Thanks for the heads up. Unfortunately I will be at conference in Arizona that week. I know you mentioned tentative date, can we set it for the following week? I was wondering if you could provide any information on the hearing process. I do not know what to expect, how to prepare my case or what the format is. Communication by email is the best method of communication. Please do not send certified mail as we are never home during the day and the mail will get returned. I an From: Greg Fisher [mailto:Greg.Fisher@carlsbadca.gov] Sent: Thursday, August 27, 2015 4:39 PM To: imahon@level3construction.com; iprietto@level3construction.com Cc: Greg Fisher <Greg.Fisher@carlsbadca.gov>; Debbie Fountain <Debbie.Fountain@carlsbadca.gov>; Van Lynch <Van.Lynch@carlsbadca.gov> Subject: AV 15-01-Mahon Residence Dear applicant, Your appeal has been tentatively scheduled for a public hearing on~Giil!1 I, iWt 6:00P.M. The hearing is held at City Hall within the City Council Chambers located at 1200 Carlsbad Village Drive. Additional information will be sent out on September 15th. Please contact me on your preferred means of receiving future correspondence. You can call or email me anytime if you have any questions. {, City of Carlsbad Greg Fisher Planning Division 1635 Faraday Ave. Carlsbad, CA 92008 www.carlsbadca .gov 760-602-46291 760-602-8560 fax. I greg.fisher@carlsbadca.gov Facebook I Twitter I You Tube I Flickr I Pinterest I Enews 3 ~ \ i '• NOTICE OF PUBLIC HEARING FILECcityof Carlsbad NOTICE IS HEREBY GIVEN to you that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, November 4, 2015, to consider a request fo~ the following: CASE NAME: AV 15-01-MAHON RESIDENCE PUBLISH DATE: October 19, 2015 DESCRIPTION: Request for an appeal of the City Planner's decision to deny a Minor Variance for a decorative wall to exceed the maximum allowed height of forty two inches (42") in the front yard setback of a single family lot located at 4826 Kelly Drive in Local Facilities Management Zone 1. The Minor Variance (AV 15-01) for the Mahon Residence was denied and is, therefore, exempt from environmental review pursuant to Section 15270 of the State CEQA Guidelines. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. Copies of the staff report will be available online at http://www.carlsbadca.gov/civicax/filebank/blobdload.aspx?Biob1D=28995 on or after the Friday prior to the hearing date. If you have any questions, or would like to be notified of the decision, please contact Greg Fisher in the Planning Division at (760) 602-4629, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00a.m. to 5:00p.m. at 1635 Faraday Avenue, Carlsbad, California 92008. APPEALS The time within which you may judicially challenge these projects, if approved, is established by State law and/or city ordinance, and is very short. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. o Appeals to the City Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. CITY OF CARLSBAD PLANNING DIVISION Community & Economic Development Planning Division 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8560 fax tasy t'eel"" Laoe1s Use Avery® Template 5160® FLOOD ~A~DRA C 483Q !\ELL Y DR CARUSBAD CA 92008 CARLSBAD PALISADES HOMEOWNERS ASSN P 0 BOX 1114 CARLSBAD CA 92018 MISSETT PATRICIA J TRUST 03-27-96 4857 KELLY DR CARLSBAD CA 92008 SUDHOFF AINSLEY G 4850 KELLY DR CARLSBAD CA 92008 Etiquettes faciies a peler Utilisez le gabarit AVERY® 5160® I I I J li A Bend along line to i ~ Feed Paper -expose Pop-up Edge™ ~ HAWKINS ARTHUR JR I I ·~· 4736 AMBERWOOD CT I CARLSBAD CA 92008 TARICA KATIE 4846 KELLY DR CARLSBAD CA 92008 HOULBROOK NICHOLAS 4861 KELLY DR CARLSBAD CA 92008 KREPELIN CARY 4805 KELLY DR CARLSBAD CA 92008 A notice has been mailed to all property owners/occupants listed herein./ J (J Date: 0 Jq s-' Signature:~~ .A. 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