Friday, September 20, 2019

Neptune land owners lose seawall and setback appeal

4th Appellate District ruling:
The Commission's appeal challenges the trial court's disapproval of the special conditions requiring (1) the home to be set back 60 to 62 feet from the edge of the bluff, instead of the 40-foot setback approved by the City of Encinitas (the City); and (2) a waiver by the Lindstroms of any right to construct a shoreline protective device, such as a seawall, to protect the home from damage or destruction from natural hazards at any time in the future.
Result: no seawall, 60 foot setback.

Analysis here.

37 comments:

  1. So much for property rights.

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  2. Good ruling.

    You are buying a home on a naturally retreating bluff. That’s your decision, but it doesn’t give you the right to turn our beautiful natural coast into a concrete bunker in the future. You have no right to use the public beach for heavy construction equipment. You have no right to put footings in below the mean high tide line where public land begins. You have no waiver from setback rules to build your bunker up to the lot line.

    If you have been fortunate enough in life to afford oceanfront property, then you can probably deal with the known risks that will inevitably play out decades from now.

    Sorry, not sorry.

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    Replies
    1. When the bluff falls on your head, I'll just say "Oh well, Nature takes its course".... Not sorry....

      Delete
    2. Yup. Exactly. Punch my tough shit card. Shit happens, and sometimes it’s not your day.

      You’d rather turn our natural coastline into a concrete bunker to delay the inevitable for a few dozen homes while fucking up the property values of thousands of homes that deceive value from being near a beautiful natural coastline. And all because you decided to buy on top of a known hazard.

      Not gonna happen, so sorry.

      Delete
    3. Too bad its so much selective enforcement. Where is the CCC and surfrider for allowing a huge concrete and steel structure that blocks beach use and coastal views all in the surf zone of the most popular beach in Encinitas?

      The CCC and Surfrider sure got it wrong when not opposing the Moonlight beach lifeguard and sheriffs beach fort.

      When can it be remove and how much will it cost?

      Delete
  3. I agree with the council, let the natural erosion take its course.

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    Replies
    1. Says someone with no vested interest, or perhaps jealousy.

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    2. I’m not 7:13, but every homeowner in Encinitas has a vested interest in keeping our natural coastline beautiful.

      Delete
  4. Beautiful bluffs, get off the crack pipe you sandal wearing ding dongs. If there had been a concrete barrier or large rock placement at the base of the bluffs where the those three people were crushed and suffocated several weeks ago, they would still be alive.
    Greasy stringy gray haired hippy earthers can't be fixed

    ReplyDelete
    Replies
    1. Let’s cut down all the trees so they can’t fall on people; Let’s kill all the marine life so there are no shark attacks or stingray stings; Let’s fill Yosemite Valley with dirt so nobody can fall off the cliffs.

      Stupid thinking.

      Delete
    2. Great analogy 2:13. Ya, a simple seawall is just like filling in Yosemite Valley :\

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    3. We prefer our nature natural—sans concrete.

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    4. 12:01 PM = right-wing, reactionary moron. The kind of total idiot who supports Trump.

      Delete
    5. 6:21 is brought to you by the childlike id
      (Forbidden Planet) with A.D.D.

      Delete
    6. 2:25PM So you walk barefoot on native soil all the time, eh?
      You don't frequent the roads, as you're opposed to that artificial surface too. Sounds like nature is a selective process of convenience for you.

      Delete
    7. That’s your best argument?

      We pave other places, so we should pave our seashore?

      Brilliant!

      Delete
    8. Nature as contoured to your specific convenience.

      Delete
  5. Too bad its so much selective enforcement. Where is the CCC and Surfrider for allowing a huge concrete and steel structure that blocks beach use and coastal views all in the surf zone of the most popular beach in Encinitas?

    The CCC and Surfrider sure got it wrong when not opposing the Moonlight beach lifeguard and sheriffs beach fort.

    Of course our City's leaders failed us again. When can it be remove and how much will it cost?

    ReplyDelete
    Replies
    1. We’ve been over this.

      She just wasn’t that into you. When she found that lifeguard, they were just two young crazy kids who fell in love and had sweaty sex in his car every night. She quickly forgot about you and moved on. It was many years ago, and she can’t even remember your name at this point. It’s time to move on and stop hating lifeguards.

      Delete
    2. Someone is delusional and full of grandeur. The post was about polluting and limiting access to our shoreline.

      The CCC, surf riders, and the City get an F on this one.

      Delete
    3. On the surface maybe, but deep down, it’s about a boy who was sad when a girl discovered her own sexuality with a lifeguard.

      And how the boy couldn’t let it go. How it ate him up inside for so many years.

      Delete
    4. Geeze,

      Scary you have those sexist bay watch fantasies floating around in your sycho head. You sure sound like a predator to me. Go get some help before you ruin more lives.

      I sure as hell hope you do not work for our City but I fear the worst.

      Delete
  6. "blocks beach use". And yet, thru the miracle of modern technology, people are on the beach. Were they air lifted in or perhaps they swam to shore under the cover of darkness, like a Navy Seal or a member of the U.S Army Delta Force.
    A mystery indeed.
    I recently stood in the parking lot next to the lifeguard tower
    to view the ocean. I was shocked, I saw it...the ocean.

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    Replies
    1. I say simply wait ten years, according to the climate mafia, the Lifeguard tower will be underwater.
      Problem solved

      Delete
    2. I've never known what it's like to be a complete idiot.

      6:45 does know.

      Delete
  7. This should piss off everyone here equally.

    Probably because it so true and both sides can't face the truth.

    Enjoy and fck off


    https://youtu.be/7W33HRc1A6c

    ReplyDelete
  8. The City's huge hazard in the surf zone is bad feng shui at Moonlight. Since its has been polluting the surf zone, numerous people are dying on the Encinitas coast line. Latest Gabe Reed drowned right under the noses of lifeguards on duty. RIP.

    Save the people an the Ocean, remove the polluting hazard from the surf zone. When will the CCC and Surfrider demand the removal of this hazard?

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    Replies
    1. 6:46 I could be wrong but I believe the Lifeguard tower is on land, not in the water. But have patience as Greta told the world several days ago, the coasts will be underwater.

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  9. 6:46-

    I wish they did build it on top of the bluff where it should have been built. Its built in the surf zone with huge concrete pilings to help prevent the ocean from washing it away.

    Now it will also require continual sand management to prevent it from becoming a concrete and steel tower island in the surf zone.

    Again, the City, CCC, and Surfrider totally failed on this one.

    Oh yeah, Its OK for them to build a monstrousity in the surf zone but its not OK for other property owners to do so right?


    Typcical City BS. Vote for new City Council members next election, and when can this encroachment be removed from our precious coastline.

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    Replies
    1. It cost $3.9 million and won't be removed, so stop your inane rant about it.

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    2. Agree it can't be removed, but you can't deny the fact that it was yet another boneheaded move at taxpayer expense.

      The council's hysteria for trophy projects that fail to anticipate consequences is truly astounding.

      Delete
  10. Surf zone, surf zone, surf zone...GIVE IT A REST.
    Find a hobby and quit whining. Ya' the tower would have been better on top of the bluff so the lifeguards could be further away from the swimmers? Cheeseus...Think

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  11. That lifeguard station was designed to be able to withstand being washed through the ground floor without compromising the structure. It is not going anywhere, anytime soon. Might as well get used to it being there . It will outlive all of us. It could be surrounded by 10' of water and survive.

    I think we can all agree it would have been better on the bluff to the south. Then there would be people bitching about the loss of public parking on the bluff.

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  12. Lifeguards should be in temp towers on the sand with eyes on the people in the water, not in an office in the towel space of the beach with a computor station for them to stay distracted from their primary mission.

    That ridiculous structure in the surf zone will be removed, its just a matter of time. A future city council with encouragement from the public and a future CCC board will make it happen. It may take 5 years. It may take 20 years, but the mother earth and a more wise future City Council will make sure that monstrosity is removed from our precious and limited coastline.

    ReplyDelete
    Replies
    1. The luxury lifeguard station cost $3.9 million without the bond interest.

      It's not going anywhere.

      The previous station was there for about 50 years.

      Delete
    2. Surf zone, tower,surf zone, tower, surf zone...gawd, get back on your medications.

      Delete
  13. The encroaching City Structure on the CA coastline will be removed by wiser boardmembers on the CCC and a future City Council. When?

    The steel and concrete structure on the beach is bad for the Coastline.

    You need to get off meds and clear your head.

    ReplyDelete