HomeMy WebLinkAboutAV 93-06; Moffatt Residence; Administrative Variance (AV) (4)March 14, 1994
Sam Wright
1287 Buena Vista Way
Carlsbad, CA 92008
SUBTEC'k ADMINISTRATIVE VARIANCE NO. 93-06 - MOFFAl'T RESIDENCE - Request
to allow a Loffel retaining wall to exceed the maximum three foot six inch
height limit by ten feet six inches, in the hont yard setback on a R-1 zoned
lot located at 4444 Adams Street.
Dear Mr. Wright:
The Planning Director has completed a review of your application for an Administrative
Variance, to allow an increase in wall height from three feet, six inches to fourteen feet in
the front yard setback on a R-1 zoned lot located at 4444 Adams 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 can be
made and, therefore, APPROVES this request based on the following findings and
conditions.
1. There are exceptional or extraordinary conditions applicable to the property or
intended use that do not apply generally to other properties or class of uses in the
same vicinity and zone because the entire portion of the property fronting Adams
Street contains steeper terrain than that of neighboring properties. The property's
street frontage is dominated by slopes at 80 percent grade within the right-of-way
and slopes at 30 to 40 percent grade within the property's front yard. The increased
wall height 'is needed in order to retain enough soil to create driveway access at an
acceptable inclination. The maximum permissible driveway inclination, as
determined by City Engineering Standards, is 14 percent with some intermittent
areas up to 20 percent. Due to the amount of excavation required to establish a
driveway at this grade, an excessively high retaining wall is needed. Unless radical
alterations were made to the existing topography, a 3 foot 6 inch high retaining
wall would not be capable of retaining the large quantity of soil remaining from the
driveway excavation. Significantly changing the hillside would not be a viable
solution, as the alterations needed would be impractical and inconsistent with the
Hillside Development Ordinance (Chapter 21.95), which encourages "creatively
designed hillside development requiring a minimal amount of grading" and
development that is "compatible with the existing topography."
2075 Las Palmas Drive Carlsbad, California 92009-1 576 (61 9) 438-1 161 @
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AV 93-06 MOFFATT RESIDENCE
MARCH 14, 1994
PAGE 2
2. The requested variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other properties in the same vicinity and
zone but which is denied to the property in question because other properties have
been able to access Adams Street and Highland Drive without the same constraints
imposed on the subject property. Although there are other developed properties
with slopes in the front yards, the terrain is not as steep as that of the subject
property. Some of the vacant lots in the neighborhood do, however, contain
constraints similar to the subject property. Depending on the development proposed
and the full circumstances involved, these properties may also be subject to
receiving a wall height variance.
3. The granting of this variance will not 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 the wall will not interfere with the motorists’ vision of
oncoming traffic when exiting the property. In addition, landscaping will cover the
wall, giving it a more natural appearance.
4. The granting of this variance will not adversely affect the comprehensive General
Plan because the designated land use permits a single family home on the lot and
as stated in finding number 3, the increased wall height will not jeopardize the
safety and welfare of the neighborhood.
This decision may be appealed by you or any member of the public to the Planning
Commission within ten days of receipt of this letter. Appeals must be submitted in writing
to the Planning Commission at 2075 Las Palmas Drive in Carlsbad, along with a payment
of $ 120.00. The filing of such appeal within such time limit shall stay the effective date
of the order of the Planning Director until such time as a final decision on the appeal is
reached. If you have any questions regarding this matter, please feel free to contact David
Rick at (619) 438-1161, extension 4328.
Assistant Planning Director
CW:DR:lh
C: Michael Holzmiller
Bobbie Hoder
Adrienne Landers
Don Rideout
Bob Wojcik
Sherri Howard
Data Entry
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