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Home My WebLink AboutAV 88-05; Kyle Masonry Retaining Wall; Administrative Variance (AV)City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 '(619) 438-1161 PLANNING DEPARTMENT Sincl"= Family Variance $100.00 0th Variances $330.00 ADMINISTRATIVE VARIANCE APPLICATION Complete Description of Project (attach additional sheets if necessary) Masonry retaining wall Location of Project 7t.rwt Carlchad (La Costa), Calif. 92008 Lot 101 of Carlsbad Tract No. 75-4 (La Costa Estates North) according to Map NO. 8302. filed in the office of the County Recorder of San Diego County, California Legal Description (complete) on May 5. 1976 Local Facility Management Zone Name (Print or Type) Carlsbad, CA 92009 I CERTIFY THAT I AM THE LEGAL OWNER i I ND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF Y KNOWLEDGE. ICNATURE DATE I ROJECT NUMBER (SI ,+c/ -5 issessors Parcel Number 21 5-491 -26 ixisting Land Use Site Acreage Residential Applicant .66k acres Name (Print or Type) Mailing Address City and State Zip Telephone I CERTIFY THAT I AM THE OWNER'S REPRESENTATIVE AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE DONALD MURRAY - ATTORNEY 201 Lomas Santa Fe Dr., Suite 500 Sol ana Beach CA 92075 755-0330 m, 31 mY - Fees Receive$ Receipt No. ]00*00 $*50-rJCr.Ic"g, ws43 u SPEC1 FIC REQU I REMENTS 1. 2. 3. 6. 7. Completed Justification For Variance Form. wies of site plan (24" X 36" folded to 84" X 11") shall include ing information : - ffim and address of applicant, engineer and/or architect, etc. - All- easements - Dimensioned locations of: access, both pedestrian and vehicular, showing service areas and points of ingress and egress offstreet parking and loading areas showing location, number and typical dimension of spaces, and wheel stops - distances between buildings and/or structures - building setbacks (front, rear and sides) - location, height, and materials of walls and fences - location of freestanding signs - a summary table indicating the following information (if applicable to the variance) : - site acreage - existing zone and land use - proposed land use - total building coverage - building square footage - percent landscaping - number of parking spaces - square footage of open/recreational - cubic footage of storage space space (if applicable) (if applicable). Four (4) copies of building elevations and floor plans (24" x 36" folded to 8+11 x 11") shall include the following information: - location and size of storage areas - all buildings, structures, walls and/or fences, signs and exterior lights. One (1) copy of 8*" x 11" location map (suggested scale 200" - vicinity maps on the site plan are not acceptable). Disclosure Statement. Property Owners' List and Addressed Labels - A typewritten list of the names and addresses of all property owners and- &cupants within a 300 foot radius of subject property (including the applicant and/or owner). The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. - Two (2) separate sets of mailing labels of the property owners and occupants within a 300 foot radius of subject property. For any address other than single family residence, apartment or suite number must be included. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. Applicant must submit separate check to cover cost of postage . 300 Foot Radius Map A ma0 to scale not less than 1" = 200' showing each lot within 300 feet of the exterior boundaries of the subject property. Each Of these lots shall be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if ~~~~~ the ~~ required ~ scale-is impractical. V GENERAL PLAN ZONING RL RLU RU H RH RH RRI m Rs C v Ts 0 CBD PI G c RC SRR os RISlOlNTlAL LOW~UEDICY DENSlTY(0-4) LOW DEhSI'IY (0. I 5 ) WEDICM DEXSIN ( 4-61 MEDIUM HIGH DENSITY (8.15) HIGH DENSITY ( 15-23) COMMIRCIAL EXTENSIVE REGIONAL RETAIL (CP Car CounW Carlsbrd) INTENSWE REGIONAL RETAIL (eg PI- Cmino Rea) COMML'NITYCOMMERClAL REGIONALSERVICE TRtEL SERVICES COMMERCLAL NEIGHBORHOOD CO.UYERCIAL CENTRIL BLSINESS DISTRICT PROFESSIOSAL RELATED GOVER.MENT FACILITIES PUVSED INDCSTRIAL PUBLIC CTIUTIES RECREATION CO.UUERCW SCHOOLS ~. JL'SIOR HIGH ELEMENTARY HIGH SCHOOL PRIVATE OPEN SPACE NOH RESIDENTUL RESERVE &E RL'RU RESIDEhi ESTATE ZONE R-l OM.FAMILY RESlDENnU ZONE R.2 TWO-F.LUILY RESIDENTIAL ZONE R-3 McLnpL+ FAMILY RESIDENTIAL ZONE R.3L UUITED MULTI-FAMILY RESIDENTIAL ZOhT RDM RESIDENi DNSIlYMLITIPLE ZONE RHHF' RES1DEhT.U MOBILE HOME PARK ZONE RD.H RESIDENTIAL DENSITY-HIGH ZONE R.P RESIDE!!TIAL PRONSIONAL ZOXE RT RESIDW TOLWST ZONE RW llESIDE..TIAL WATERWAY ZOZE COMMIRCIAL KYLE 4 City of Carlsbad AV 88-5 DISCLOSURE FORM 771 9 Fl Fuerte St. - rlshad. CA 92009 Business Address Telephone Number AGENT: DONALD MUAY - Attornev Name 301 luta Fe Dr.. Ste 500 - Solana Beach, CA 92075 Business Address MEMBERS: Name (individual, partner, joint Home Address venture, corporation, syndication) Business Address Telephone Number Telephone Number Name Home Address Business Address Telephone Number Telephone Number (Attach more sheets if necessary) I/We understand that if this project is located in the Coastal Zone, I /we will apply for Coastal Commission Approval prior to development. I/We acknowledge that in the process of reviewing this application, it may be necessary for members of City Staff, Planning Commissioners, Design Review Board members, or City Council members to inspect and enter the property that is the subject of this application. I /We consent to entry for this purpose. [/We declare under penalty of perjury that the information contained in this disclosure is true and correct and that it will remain true and correct and may be relied upon as being .true and correct until amended. JUSTIFICATION FOR VARIANCI By law a Variance may be approved only if certain facts are found to exist. Please read these requirements carefully and explain how the proposed project meets each of these facts. Use additional sheets if necessary. 1) Explain why there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and zone: Exceptional circumstances exist with this property that do not apply to other property in the same vicinity. The lot for this property is composed primarily of fill to create a level building pad. The side yard of the level building pad ended approximately 20 feet west of the house, and then sloped down to the property line which, on level, is approximately 20 feet further west. The slope eroded each time it rained so that finally the footings for the posts for the fence that was constructed along the edge of the level area were exposed and falling. All attempts to correct the erosion problem with landscaping failed. Other properties in the zone have a level lot that did not erode thus reducing the amount of yard space and destroying fences. 2) Explain why such 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: The variance is necessary to preserve a substantial property right of using the lot for residential purposes. The retaining wall is in place and, with fill, creates a level side yard of approximately 40 feet in width. The retaining wall ends the erosion problem described in No. 1 above because a series of drains moves run-off water without allowing the slope to erode. Other properties in the vicinity apparently did not have the erosion problem. Although other lots in the area are similar in size by acreage, they have more level usable area and are not faced with the problem of the lot slowly sliding away. The erosion problem was impairing the residential use. The fence was falling and destroyed by the erosion. If the erosion continued it would have undermined the concrete slab patio and eventually the house. Building the retaining wall stopped the destruction of property. 3) Explain why the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is ,.- improvements in such vicinity and zone in which the property is located: The variance will not be detrimental to the public welfare in any respect. It will not injury property or improvements in the vicinity. The wall is designed to eliminate erosion. It allows the lot to absorb rainwater rather than have it rush down the slope, carrying dirt and stones down to the vacant lot that is adjacent to the wall on the west. It keeps the debris from washing onto that lot, and from that lot onto the street. The wall is a benefit rather than a detriment. 4) Explain why the granting of such variance will not adversely affect the comprehensive plan: The variance will not have any effect on the comprehensive plan. The zone is for a planned community, and the general plan calls for residential low to medium density. The purpose of the plan is to provide for residential use, and this retaining wall will not have any effect on that plan. The retaining wall does not change the use of the property, it merely preserves the property by preventing continued erosion. The retaining wall will not cause any increase in density, nor will it make any alterations of the property which are not consistent with the plan. This request for variance is merely for variance on the height of the wall. The wall ranges in height from approximately two feet (2') at its lowest point, to ten feet (10') at its highest point. The wall is 98 feet in length, composed of two sides; one section is 71 feet long, and the perpendicular section is approximately 27 feet long. Of that approximately 98 feet of wall, approximately 48 feet are six feet or higher; one the west-facing section of the wall, approximately 32 feet are six feet or higher, and on the south-facing section of the wall, approximately sixteen feet of the wall is six feet or higher. These measurements are from the bottom of the slope but the wall does not extend any higher than ground level of the pad where the residence sits; from the perspective of the building pad the was has no height. CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 438-5621 ACCOUNT NO. DESCRIPTION I AMOUNT :, RECEIPT NO. $08 55 TOTAL I CITY OF CARLSBAD 1200 ELM AJENUE CARLSBAD, CALIFORNIA 92008 438-5621 REC'D FROM DATE ACCOUNT NO. v DESCRIPTION AMOUNT RECEIPT NO. 80542 TOTAL -. . CITY OF CARLSBAD 1200 ELM_%VENUE CARLSBAD, CALlFOkb t;A 92008 438-5621 ACCOUNT NO. I DESCRIPTION I AMOUNT ". ADMINISTRATIVE VARIANCE CHECK LIST COMMENTS PROJECT NUMBER I/ s6-s 1. Justification / 3 2. 4 copies site plan 0 2 3. +b copies bldg. elevations w 4. 1 location map / 5. Disclosure statement 7. 300 foot radius map / SIGNATURE A-&fyh4J