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HomeMy WebLinkAboutAV 91-07; Kelso Wall; Administrative Variance (AV)4 cI?y OF CARLSBAD LAND USE REv[EIN APPUCAITON FOR PAGE 1 OF 2 1) ~\PPLIIXTIONS APPLIED FOR: (CHECK BOXES1 (FOR DEPT USE ONLV TOR X?? USE OSLY .- Master Plan Specific Plan Precise Deveiopment Plan Tentative Tract Map Planned Development Permit Non-Residential Planned Development Condominium Permit Special Use Permit Redevelopment Permit Tentative Parcel Map < Administrative Variance El 0 0 0 ci 0 I lo 0 General Plan Amendment Local Coastal Plan Amendment Site Development Plan Zone Change Conditional Use Permit Hillside Development Permit Environmental Impact Assessment Variance Planned Industrial Permit Coastal Development Permit Planning Commission Determination List any other applications not specificed 2) LOCATION OF PROJECT: ON THE RIDr,ECP€S?- 1 €4.57 SIDE OF (NORTH, SOUTH EAST, WEST) (NAME OF STREET) - OFF (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: OF ADJ" Pcs4-7 35-0 4) ASSESSOR PARCEL NO(S). 5) LOCAL FACILITIES 1/7 6) EMSTING GENERAL PLAN 7) PROPOSED GENERAL PLAN MANAGEMENT ZONE DESIGNATION DESIGNATION I 167 - os/- /o - 0 c; 8) EXISTING ZONING [e-/ ] 9) PROPOSED ZONING E! 11) PROPOSED NUMBER OF 12) PROPOSED NUMBER 13) ME OF SUBDMSION RESIDENTIAL UNlTS OF LOTS 14) NUMBER OF EXISTING RESIDENTIAL UNlTS [I] 15) PROPOSED INDUSlRlhL OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE 16) PROPOSED COMMERCIAL h - CITY OF CA!USBAD LAND USE WEW APPLICATION FORM PAGE 2 OF 2 ~ i 17'1 PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS w 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC 20) PROJECT NAME: 22) IN THE PROCESS OF REVEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CIlY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS, OR CIlY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROP [CATION. I/WE CONSENT TO ENTRY FOR THIS PL'RPOSE NAME (PRINT OR TYPE) rt C. e, I NAME (PRINT OR TYPE) SIGNATURE DATE DATE 6h/?'/ FOR CITY USE ONLY FEE COMPUTATION: APPLICATION IYPE FEE REQUIRED I I I TOTAL FEE REQUIRED I W(.J w I DATE STAMP APPUCATlON RECEIVED DATE FEE PAlD RECEIPT NO. I 397y - ., /- I, CITY OF CARLSBAD f-- 1200 CARLSBAD LLAGE DRIVE CARLSBAD, G.-IFORNIA 92008 438-5621 DISCLOSURE STATEMENT I 1 APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON AU APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART Of THE CrrY COUNCIL, OR ANY APPOINTED BOARD, COMMISSION OR COMMITEE. I (Please Print) The following information must be disclosed: 1. A~~ll~ant 2. 3. 4. List the names and addresses of all persons having a financial interest in the application. &wid kA1Ll/tlA g€m 3350 B&v%%7 ma CARL5i%4D I CR. 9zooB Owner List the names and addresses of all persons having any ownership interest in the property involved. w/A) ?&#A E250 33so &" a, CARLjBAD 'LA. 4m23 If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. If any person identHled pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profa organization or as trustee or beneficiary of the trust. 2075 Las Palrnas Drive 0 Carlsbad, California 92009-4859 - (619) 438-1 161 - Disclosure Statement (Over) Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes - No If yes, please indicate person(s) (NOTE: Attach additional pages as necessary.) #- &w D. le-Z30 ww D, ' /4%w Print or type name of owner Print or type name of applicant 1. Exp3ain 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. 'hen we purchased our home in 1986, we were adjacent to Rising Glen Drive. It was a small asphalt one-car-width road that went from Iiidgecrest Drive to Camino Real, giving one house the street axis it needed. Next to the road was a very large,.steep gully. The property behind us was purchased to build single family homes on. The street was closed off. We approached MacMillan Company, the land's developer, about purchasing the part of Rising Glen Drive that was directly south of our property. They agreed with us that this section of land would be difficult to maintain. Before closing escrow, MacEillan Company gave us permission to remove the weeds and debris from the property. This gully had obviously become someone's land Fill because we worked ?or four days to clean it up and have it hauled away. in dumpsters. de found years of yard clippings, used car batteries, wheelbarrows full beer bottles and cans, in addition to year's and year's of plant growth. 'de have heard, during many conversations with neighbors, that this was a Qrequent hang-out of teenagers on weekends. The wall was built so that the gully and vacated strret could be filled in with dirt and hmdscaped as part of our complete landscape plan. This area had become an eye-sore for the neighbors. By filling in the steep gully and leveling the dirt with our ad~jacent neighbor's pad we tried to blend the two properties together, thereby creating a more attractive view for all neighbor's to enjoy. No other home pads on Ridgecrest Drive have steep gullies on them and most are generally level flat. 2, Explain why such variance is necessary for the preservation and e enjoyment of a substantial property right possessed by other property in the same vicinity and zone byt which is denied to the property in question. Since we moved into our home in 1986, we discovered, through conversations with other neighbors, that the local residents were adament about not having Rising Glen connect with Ridgecrest Mve, as a result of the Brentwooc! Heights subdivision. The neighbors wanted it closed. iJe were told numerour times that they were pleased we were purchasing the property, as the land would be maintained from aomeone on Ridgecrest Drive and not by a maintain company for the people oe Brentwood Heights. The retaining wall was necessary to bring OUT "sideyard pmerty" up to compasable standards of the neighborhood. The height and length of the retaining wall was necessary to tie ow property in with the adjacent neighbor to the south. However, the "Eilled" =ea is still several feet below that property, creating a gentle stepped affect. 'de tried to bring this local "eye-sore" up to the "pride of ownership" standards that property ovmers on Ridgecrest Rrive maintain. Vithout the retaining wall the land would have been difficult to incorporate into a residential landscape plan. 3. Explain why the granting of such variance will nto be materfally detrimental to the public welfare or injorious to the property or improvements in such vicintiy and zone in which the property is located. ?ram Eiidgecrest Drive the retaining wall is less than 2 ft. tall. this loes not affect anyone in anyway. kom the homes below, which sit on pads 80 - 90 ft. below our home's pad the impact is minimal. The embankment is landscaped and maintained by their homeowner's association. Upon completeion of our landscape plan, it is our intent to install a drip system behind the retaining wall. We will then plant drought tolerant plants, such as bougainvillea, Pride of Madeira, gazania, and lantana, to further soften the effect of the wall. 4. Explain why the granting of such variance will not adversely a"fect the comprehensive plan. As explained previously, this retaining wall and the subsequent fill and landscape plans have been viewed favorably by our neighbors. They Saw it as a dramatic improvement over the previous situation. We filled in the "gully", and during the remodeling of our home, we put our electrical service underground, thereby removing from our neighbor's view, unsightly power lines and a power pole. Our home is in a residential area and the retaingig wall does not change that fact. Therefore the comprehensive plan remains unaffected. NOTE TO FILE AV 91-07 On December 9, 1987, a building permit was issued for a retaining wall on the Easterly property line. The wall begins as a two foot wall at the northerly section of the Eastern property line and continues to the South-East corner of the property and reaches a height of seven feet (although no height is given on the building plans). On August 22,1988, a building permit was issued for a retaining wall (no heights on permit) on the Eastern property line. This wall is a continuation of the existing wall to the new South-East corner of the property (Kelso bought an adjacent remnant parcel of land) . The Administrative Variance was required because the overheight wall was caught during a review of an Encroachment permit filed with the Engineering department.