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HomeMy WebLinkAboutDI 94-01; Kaffka Residence; Discussion Item (DI) (11)LAW OFFICES OF STANLEY D. PROWSE CAMINO CORPORATE CENTER 2365 CAMINO VlDA ROBLE, SUITE 101 CARLSBAD, CALIFORNIA 92009-1509 FAX (619) 436-4379 (6191 436-6460 October 3, 1994 Michael Holzmiller Planning Director City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-1576 Re: Aviara Area 13, Lot 264 (Kafka) Dear Mr. Holzmiller: We own Lot 263 on Aviara Drive in Area 13 of the Aviara Project. We are writing to you to express our support for your recent determination regarding the proposed plans of the owners of Lot 264, Mr. and Mrs. Kafka, who proposed to build their house up the northerly slope of Lot 264 all the way to the ten foot set back line from our common lot line. We understand from discussions with David E. Rick of your office that you have rejected their proposal because it violates the Carlsbad hillside ordinance. We are glad that you did so. Given the prospect that Mr. and Mrs. Kafka will attempt to change your mind or otherwise overturn your informal determination, we thought we should write to you. We put a deposit on Lot 263 in early May of this year and bought our Lot in June. When we did so, we never expected that anyone would do anything on Lot 264 other than build a house on the existing building pad. We were told that it would be possible to cut into the slope a few feet with a retaining wall, but no one ever suggested to us that someone could build a house right up the slope. We expected that any house built on Lot 264 would be at least 25 feet or so from the boundary line between the lots, and that as a result we would have a very open feeling along the entire southern side of our house. For the same reason, we also expected that we would have a good view of the eastern end of Bataquitos Lagoon from the first floor of the southeastern corner of our house - the northeastern corner of any house built on Lot 264 would not be close enough to get in the way. When we learned about Mr. and Mrs. Kafka's plans to build their house right up the slope to the ten foot setback line, we were very unhappy. The open feeling that we had expected on the south side of our house would be lost if they were allowed to do so, and our .. , - P- LAW OFFICES OF STANLEY D. PROWSE Michael Holzmiller October 3, 1994 Page 2 southeasterly view over the golf course toward the eastern end of Bataquitos Lagoon would also be compromised. We are pleased that this will not happen. We also want you to know that we do not agree with the proposition the Kafkas advanced that the proposed siting of their house would have actually improved the view from our house. They based that proposition on a drawing showing a hypothetical view due south from the second story of our house, but the view in that direction will only be an unattractive series of rooftops no matter how the Kafkas' house is sited, and we are much more concerned about other perspectives. We have planned our house so that there will be no second floor rooms on the southern side adjacent to the Kafkas ' house, except in the very front of our house where there will be a southwesterly view towards the ocean. The only room in the rear of our house on the southern side will be a first floor living room with a high ceiling. Consequently, the feeling we will get looking out of the living room at ground level towards the south and southeast is much more important to us than any hypothetical view south from the second story. As we described above, we do not want to look out of our living room and see the Kafkas' house sitting right next to us and interfering with our view to the southeast. We trust you will stand firm and thank you for your straightforward implementation of the hillside ordinance. We will be checking periodically with Mr. Rick to be sure that we have input into any formal process that might be initiated by the Kafkas to reverse your position. Thank you again. > J'~' Stan and Joy Prowse SDP : pmf DirtAviara