HomeMy WebLinkAboutDI 94-01; Kaffka Residence; Discussion Item (DI) (9)"
September 9, 1994
Mr. Michael Holzmiller
Planning Director, City of Carlsbad
2075 Las Palmas Dr.
Carlsbad, CA 92009
Dear Mr. Holzmiller,
Please find the attached detailed response to the City of Carlsbad's inteqmtation of our proposed construction of
the property located at 7210 Aviara Dr.; lot #264 of Aviara Point. After two meetings with members of the Planning
department, the level of frustration has increased with the processes in place to attain pertinent information that allows
us to understand the continued negative reactions to our proposed construction.
It is our understanding that the Planning staff has made an inteqmtation that the manufactured 2: 1 slope between
our proposed home and the neighboring lot constitutes a "hillside relative to the Hillside Ordinance and that our proposed
foundation construction within a portion of this slope is an insupportable violation of the Hillside ordinance. During the
meeting of August 30, there were statements made by Staff that the proposed house height would exceed that of a project
built on the flat pad, however, the highest point of the proposed house does not exceed the height if built on the flat area
and, in fact, results in a height below city guidelines. Redesigning the house to City recommendations would restrict the
view from the lot to the north of this property, thus lowering the potential value of that site. Our proposal provides better
maximization of views from our lot as well as neighboring lots.
As you can read in the accompanying detail, our proposed project complies with and enhances the natural
resources of the Aviara community and in no way compromises the intent of the beauty and natural surroundings of the
Aviara Master Community. In fact, the Aviara Planning Area has undergone Hillside review and was designed
accordingly, including the subject lot, the topic of this letter. The amount of property that could fall under the hillside
review, if applicable, is only 22.5% or 2900 sq. ft. of the total property and this being such a small portion of the total
lot should not result in construing the hillside development review to apply to this property.
In essence, the affected slope does not constitute a sensitive slope as defined in any LCP coastal guidelines and
we have maintained all requirements for dedicated property under the Coastal Preservation criteria.
Please review the accompanying details to support our position that we have met the necessary criteria to continue
the proposed project and should have the full support of the City of Carlsbad as well as Hillman Properties and the Coastal
Commission. We have attempted in this cover letter, to point out the salient issues and direct your attention to the
enclosed documentation for further examination.
The recent staff inteqmtation to expand this Hillside review to existing slopes in already approved urban areas
only adds to the considerable red tape that homeowners must unnecessarily negotiate to simply build in accordance with
City requirements. This inteqmtation by the City of Carlsbad, does not constitute legal authority to prevent continuation
of this project and we request, in writing, your response.
We look forward to your prompt response to this matter and are confident that the attached will provide you with
the information necessary to approve our proposed construction.
cd: D.L. Clemens, P. Klukas, P. Collins, A. Landers