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Home My WebLink AboutAV 90-12; Marshall Mack; Administrative Variance (AV) (7)h March 23, 1990 Marshall Mack 3542 Donna Drive Carlsbad, CA 92008 RE: ATTACHED UNCLAIMED LETTW DATED MARCH 5, 1990 The attached letter was returned to this office on March 22, 1990 as it was unclaimed by you. Please be aware that this matter must be addressed and if it is not this case will be immediately referred to the City Attorney’s Office for further legal action. To comply you must reduce the height of the wall in the required front yard to the allowable forty-two inches or obtain a variance. You have until April 3, 1990 by which to comply with the attached notice and order or this matter will be referred to the City Attorney. /I If you have any questions regarding this letter contact the undersigned at 438-1161. /”, ‘ /- ICHAEL A. HAFIRINGTON Code Enforcement Officer c: City Attorney Planning Department Attachments 2075 Las Palmas Drive- Carlsbad. California 92009-4859-(619) 438-1 161 _" - I .. ., . .. t .. . . . , . -. City of Carlsbad 2075 Las Palmas Drive Carlsbad, California 92009 I ! I I I ! I \ .. .. . .. .. March 5, 1990 Marshall Mack 3542 Donna Drive Carlsbad, Ca 92008 CERTIFIED NOTICE OF MUNICIPAL CODE VIOLATION ORDER TO REMOVE PLEASE TAKE NOTICE: As the owner or occupant of the property located at 3542 Donna Drive, APN: 205-330-32, you are hereby notified that you are in violation of Carlsbad’s Municipal Code, Section 21.46.130, the construction of a wall in the required front yard that exceeds forty-two (42) inches. You are hereby ordered to be in full compliance with the provisions of the Carlsbad Municipal Code not later than March 20, 1990. This matter will be referred to the City Attorney’s Office for legal action if you fail to comply by the above-referenced date. If you have any questions regarding this notice, contact Michael A. Harrington at 438-1 161. MARTIN ORENYAK Community Development Director mm By : /” ity Attorney Planning Department / 2075 Las Palmas Drive - Carlsbad, California 92009 - (619) 438-1 161 ~ * F , .$ * - 21.46.090 /" 21.46.090 Measurement of front yards. Front yard requirements shall be measured from the front property line or the indicated edge of a street for which a precised plan exists. (Ord. 9060 § 1608) 21.46.100 Vision clearance, corner and reverSep corner lots. All comer lots and reversed comer lots subject to yard requirements shall maintain for safety vision purposes a triangular area one angle of which shall be formed by the front and side lot lines separating the lot from the streets, and the sides of such triangle forming the comer angle shall each be fifteen feet in length, measured from the aforementioned angle. The third side of the triangle shall be a straight line connecting the last two mentioned points which are distant fif- teen feet from the intersection of the front and ,,- side lot lines, and within the area comprising the triangle no tree, fence, shrub or other physical obstruction higher than forty-two inches above the established grade shall be permitted. (Ord. 9060 9 1609) 21.46.110 Dwellings and apartments above stores. Front and side yard requirements shall not be applicable to dwellings and apartments erected above stores. (Ord. 9060 9 1610) 21 4.1 20 Permitted intrusions into required Yd. The following intrusions may project into any required yards. but in no case shall such intru- sions extend. more than two feet into such required yards: (1) Cornices. eaves. belt courses, sills, but- tresses or other similar architectural features: (2) Fireplace structures not wider than eight - feet measured in the general direction of the wall of which it is a pan; (3) Stairways, balconies and fire escapes; h, (4) Uncovered porches and platforms which do not extend above the floor level of the fmt floor, provided, that they may extend six feet into the front yard; (5) Planting boxes or masonry planters not exceeding forty-two inches in height; (6) Guard railings for safety protection around ramps. (7) Upon approval of the land use planning manager the following intrusions may project to the property lines of side or rear yards immedi- ately adjacent to permanent open space areas: (A) Unenclosed balconies, patios and decks which extend above the existing ground level. In making the determination. the land use planning manager shall follow the procedures as set forth in Chapter 21.5 1 except that the findings stated in !Section 21.51.010(2)(A) and (B) need not be made. The land w planning manager shall find that approval of the variance will not cause any adverse physical or visuai impacts on adjacent properties. (Ord. 9675 9 1, 1983: Ord. 9060 9 161 1) 21.44.130 I- or hedges. In any "R** tone, no fence, wall or hedge over forty-two inches in height shall be permitted in any required front yard setback. In the required side yard or street side of either a comer lot or reversed comer lot, a six-foot fence may be per- mitted when approved by the land use planning office and the building and planning department when the safety and welfare of the general public an not imposed upon. The issuing of a permit upon the approval ofthe land use planning office and the building and planning department of the city shall be subject to special conditions which may vary due to the topography, building place- ment and vehicular or pedestrian traffic. On an interior lot a wall or fence not more than six feet in height may be located anywhere to the rear of the required front yard. In any "R" zone, any fence that exceeds six feet. for special uses or under special circumstances. shall be granted by 724 21.46.130 I r ,- the planning commission and subject to the con- ditions imposed by this commission. (Ord. 1256 tj 14,1982: Ord. 929 1 9 I, 1972: Ord. 9 180 tj 1: Ord. 9060 $ 1612) 21.46.140 Trees, shrubs and flowers. Shrubs, flowers, plants and hedges not more than forty two inches in height, and tms shall be pennitted in any required yard, except as pro- vided in sectidn 21.46.100. (Ord. 9060 § 1613) 21.46.150 Multiple or row dwellings fronting The minimum width of the side yard upon which dwellings front shall be not less than ten feet. (Ord. 9060 6 1614) 21.46.160 Multiple or row dwellings rearing upon Y side yd. upon a side yard. Where two-family dwellings or multiple-fam- ily dwellings, group houses, court apartments or row dwellings are arranged so that the rear of such dwellings abut upon the side yards, and such dwellings have openings onto such side yards used as secondary means of access to the dwellings, the required side yards to the rear of such dwellings shall be increased by one foot for each dwelling unit having such an entrance or exit opening into or served by such yard, pro- vided such increase need not exceed five feet. (Ord. 9060 0 1615) 21.46.170 One buildlng on a lot or building site. Any building which is the only building on a lot or building site is a main building unless authorized by variance. (Ord 9060 0 1616) 21.46.180 Through lots. Through lots one hundred eighty feet or more in depth may be improved as two separate lots, with the dividing line midway between the street frontages, and each resulting one-half shall be subject to the controls applyingto the street upon which such one-half faces. If each resulting one- half be below the minimum'lot area as deter- mined by ths ordinance, then no &vision may be made and only one single-family dwelling may be erected upon such lot. If the whole of any through lot is improved as one building site, the main building shall conform to the zone classifi- cation of the frontage occupied by such main building, and no accessory building shall be located closer to either street than the distance constituting the required front yard on such street. (Ord. 9060 4 1617) 21.46.190 Lot area not to be reduced. No lot area shall be so reduced or diminished that the lot area, yards or other open spaces shall be smaller than prescribed by this ordinance, nor shall the density of population be increased in any manner except in conformity with the reg- ulations established by this title. (Ord. 9060 $ 1618) 21.46.200 Greater lot area than prescribed. Greater lot actas than those prescribed in the various zones may be required when such greater areas established by the adoption of a precise plan in the manner prescribed by law. designat- ing the location and size of such greater required areas. (Ord. 9060 8 1619) 21.46.210 Substandard lots. When a lot has less than the minimum required area or width as set forth in any of the zones contained herein, or in a precise plan. and was of record on the effective date of the ordi- nance codified in this title, such lot shall be deemed to have complied with the minimum required lot area or width as set forth in any such zone or precise plan. The lot area per dwelling unit shall, however, remain as specified in the applicable area district, except that in no instance shall this provision prevent the erection of a sin- gle-family dwelling on any substandard lot. (Ord. 9060 6 1620) m 725