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Resident says neighbor’s 206–208 Sunset Drive project differs from approved plans, urged code enforcement review

3336028 · May 15, 2025
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Summary

During oral communications at the May 15 Encinitas Planning Commission meeting, a resident said a project built next door to his 24 Sunset Drive home does not match approved plans and described grading, wall height and utility impacts. Staff advised filing a complaint so code enforcement can inspect.

Richard Burkhart of 24 Sunset Drive told the Encinitas Planning Commission during oral communications on May 15 that a neighboring project at 206–208 Sunset Drive “doesn't match” the approved plans and has caused persistent problems for his household.

Burkhart said the construction has been a multi‑year issue and described differences between the approved elevations and the finished façade, walls encroaching near the property line and what he characterized as a higher wall than permitted. "I still don't think they have a grading permit," he said, and added that he was subject to "a 13 foot wall on my property line" before negotiations reduced it to what he understood to be a 10‑foot wall.

He also showed photos to the commission and said utility meters and electrical boxes were placed near his front entry after construction and that telephone poles had been put underground. "That's what I look at," Burkhart said, referring to meters and electrical boxes facing his front door.

A staff member told Burkhart that he can file an online complaint so city code enforcement can inspect the site and determine whether the built project conforms to the approved plans. Burkhart said he previously sought city assistance and had hired an attorney to pursue the matter.

The Planning Commission did not take formal action on the complaint at the meeting; staff advice was to file a complaint online for code enforcement to investigate.