HomeMy WebLinkAboutAV 88-05; Kyle Masonry Retaining Wall; Administrative Variance (AV)2075 US PALMAS DRIVE CARLSBAD, CA 920094859
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PLANNING DEPARTMENT
May 17, 1988
Donald Murray
201 Lomas Santa Fe Drive, Suite 500
Solana Beach, California 92075
SUBJECT: mINISTRATIVF: VARIANCE NO. 88-5 - Request for a 10
foot retaining wall at 7219 El Fuerte Street, Kyle
residence
Dear Mr. Murray:
The Planning Director has completed a review of your application
for an Administrative Variance at 7219 El Fuerte Street. After
careful consideration of the circumstances surrounding this request, the Planning Director has determined that the four findings required for granting an Administrative Variance cannot
be made' and, therefore, DENIES this request based on the
following findings.
Findinus:
1.
2.
There are no 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. The surrounding
properties are residences on lots with similar topography
within the same zone, and they have the same zoning code requirements. The need to control erosion around the footings of a fence does not constitute special circumstances. This problem is faced by many residents of hillside lots.
The requested variance is not 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. Erosion control
measures, in conformance with the provisions of the zoning
code (e.g. a 6' retaining wall which conforms to the zoning
code: terraces: fence footing protection, etc.) could
accomplish the desired result of halting the loss of earth.
Page 2
3. The granting of this variance will be materially detrimental
to the public welfare or injurious to the property or
improvements in the vicinity and zone in which the property is located because all development within the vicinity is
required to conform to the Municipal Code. The presence of
a block wall up to 10 feet high on the property line is
detrimental to the adjacent homeowner with regard to visual
aesthetics.
We conclude that there are ways of solving the erosion problem
that are compatible with the City standards and will still allow the owner to enjoy his hillside property.
You have the right to appeal this decision to the Planning Commission within ten days of receipt of this letter. If you have any questions regarding this matter, please feel free to
call this office.
CITY OF CARLSBAD
MICHAEL J. HOLZMILLER
Planning Director
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