CARLSBAD — The Carlsbad City Council on June 25 denied a Begonia Court homeowner’s request to keep retaining walls he installed without permission and ordered them removed.
The city first became aware of the unlicensed work at 939 Begonia Court in late 2018. In February 2019, the city issued violation notices to the property owners, Denis and Valerie Lichtman, before sending an official stop-work order in June.
The Lichtmans, whose son Rene Lichtman manages the property, immediately stopped construction after the stop-work order was issued and have since been working with the city to fix the issue.
Since the work does not meet city development regulations, the Lichtmans had only two options: obtain a variance from city regulations or remove the retaining walls. After the June 25 meeting, the council has twice denied the Lichtmans variance requests because the unpermitted walls violate the height limitations outlined in the city’s hillside development regulations in the zoning code.
For a project like this to be approved, the city must find the following:
- Due to special circumstances, the property is deprived of privileges enjoyed by similar properties in the neighborhood.
- The approval of a variance would not grant special privileges
- The variance does not allow a use that is not expressly authorized by the zoning code
- The variance is consistent with the intent of the city’s General Plan, municipal code, etc.
- The variance is consistent with the Local Coastal Program, the planning document for the city’s Coastal Zone.
The Lichtmans argue that their property lacks usable space because about 76% of their backyard is sloped and unusable without terraced walls, resulting in a maintenance burden. They also claim that the city’s 6-foot retaining wall height limit prevents them from building standard backyard improvements and that the variance would not grant them special privileges.
Staff disagreed with the property owners, noting that despite the large slope, the property is the second largest in the neighborhood and has enough usable backyard space consistent with neighboring properties.
Staff also disputed the owners’ claims that the slope creates a maintenance burden and limits typical backyard use.
According to staff, the average lot size on Begonia Court is 9,528 square feet. The lot at 939 Begonia Court is 9,600 square feet without the slope and 17,148 square feet, including the 7,500 square foot slope.
Staff further stated that granting the variance would be a special privilege, creating more usable space than the neighborhood average and potentially setting a precedent for other noncompliant projects in the city.
Johnny Rivera, a civil engineer hired by the Lichtmans, expressed concern that disturbing the large slope in the Lichtman’s backyard could potentially create hazardous impacts for the neighborhood, noting the area’s recent troubles with landslides and slope failures due to heavy winter rains.
Linda Kranen, a neighbor who lives uphill from 939 Begonia Court, also feared that removing the retaining walls would destabilize the hillside.
“This is patently unaffordable for any individual homeowner, would cause disruption from noise and dust throughout the neighborhood for months, and would scrape off groundcover and disturb the 50-year-old network of acacia roots that now lock the hillside in place, leaving a bare sand surface vulnerable to the coming winter rains,” Kranen wrote in a letter.
Approximately 67 neighbors signed a petition to keep the retaining wall at 939 Begonia Court.
On the other hand, neighbors Jack and Renee Phelps of 956 Whimbrel Court, whose backyard faces the Lichtmans’ backyard, were strongly opposed to what he described as an “observation deck” and not a retaining wall.
“This observation deck has caused economic harm to my property value through a diminishment of privacy (visual and sound),” the Phelps couple wrote to the City Council.
The City Council unanimously denied the variance request by a 4-0 vote. As a property owner near the project location, Mayor Pro Tem Priya Bhat-Patel recused herself from the vote. The Carlsbad Planning Commission denied the Lichtmans’ variance request before the council’s decision.
Mayor Keith Blackburn expressed sympathy for the property owners’ lack of knowledge that permits were needed for the retaining wall but noted that work should have stopped once violation notices were issued.
“If we grant a variance for this, we’ll have to do the same for anyone claiming they made a mistake,” Blackburn said.
Blackburn said he wants staff to continue working with the property owners to help them comply with regulations.
In other news, the City Council appointed Esteban Danna, a District 2 resident, to fill the Planning Commission vacancy left by Kevin Sabellico, who stepped down before moving to Carmel Valley earlier this year.
Correction: An earlier version of this story incorrectly stated Kevin Sabellico moved to Encinitas.
