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HomeMy WebLinkAboutAV 03-02; FISCHER VARIANCE; Admin Decision LetterMay 29, 2003 Maria Fischer 2663 Cazadero Drive Carlsbad CA 92009 for prj-ect--n le.- Mei[ 'lat sfrzc-i ( 03 City of Carlsbad ■ :f Fi I• 111 ,i· ■ •14 rEI I I; ,14 Ii I SUBJECT: AV 03-02 -FISCHER VARIANCE The Planning Director has completed a review of your application for an Administrative Variance, AV 03-02 to allow for an over height side yard retaining wall/privacy fence located at 2663 Cazadero Drive. After careful consideration of the circumstances surrounding this request, the Planning Director has determined that the four findings required for granting an Administrative Variance cannot be made and therefore, denies this request based on the following findings and conditions. Findings: 1. There are not exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and zone because the subject property and surrounding properties meet all the zoning requirements for lot size and dimensions and the topography is not an extraordinary or unusual circumstance for this hilly residential area. The applicant's claim that the over height wall is required to mitigate soil erosion and slope stability issues is unsubstantiated. These issues were previously considered with the approval of the original grading permit (282-5) for the property. 2. The requested variance is not necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question because the property is currently developed with a single-family home and has adequate usable (flat) areas for yards. The existing usable 440 square foot side yard area is generally larger and wider (an average of 20 feet) than most single-family homes in the surrounding area. The proposed over height retaining wall/privacy fence would enable the applicant to place fill along the side yard property line thereby increasing the usable (flat) area of the side yard. A six-foot tall privacy fence could have been installed at the top of the preexisting slope for a similar privacy effect. There are other options, such as lower retaining walls or retaining walls built at the side yard setback line, that would permit the expansion of usable yard space. The retaining wall that was permitted was a 4.67-foot tall wall. The wall has been illegally constructed to eight feet. 3. The granting of this variance would not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the property is located because the improvements would not create site distance or visibility problems for vehicles accessing the property. 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ AV 02-3-02 -FISCHER ~CE May 29, 2003 Page2 4. The granting of this variance will not adversely affect the comprehensive General Plan because the property is land use designated and developed as a residential single- family use. This decision may be appealed by you or any member of the public to the Planning Commission within ten days of receipt of this letter. Appeals must be submitted in writing to the Planning Commission at 1635 Faraday Avenue in Carlsbad, along with a payment of $440.00. The filing of such appeal within such time limit shall stay the effective date of the order of the Planning Director until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Van Lynch at (760) 602-4613. ~17L DON NEU Assistant Planning Director DN:VL:bd c: David Rick Scott Rudinger Data Entry File Copy 4'