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HomeMy WebLinkAboutAV 03-02; Fischer Variance; Administrative Variance (AV)h 3/( 2/63 - City of Carlsbad March 10,2003 Maria Fischer 2663 Cazadero Drive Carlsbad CA 92009 SUBJECT: AV 03-02 - FISCHER VARIANCE Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Administrative Variance, application no. AV 03-02, as to its completeness for processing. The application is incomplete, as submitted. Attached are two lists. The first list is information which must be submitted to complete your application. This list of items must be submitted directly to your staff planner by appointment. All list items must be submitted simultaneously and a copy of this list must be included with your submittals, including two (2) sets of plans. No processing of your application can occur until the application is determined to be complete. The second list is issues of concern to staff. When all required materials are submitted the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. Please submit the required information within two months. Please contact your staff planner, Van Lynch, at (760) 602-4613, if you have any questions or wish to set up a meeting to discuss the application. MICHAEL J. HOLZMILLER Planning Director MJH:VLsn C: Chris DeCerbo David Rick Scott Rudinger File Copy Data Entry Planning Aide e9 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION NO. AV 03-02 - FISCHER VARIANCE Planning: Please show the new topographical lines as a result of the increase in the height of the fill material against the retaining wall. The plan provided shows the grading proposed with the lower retaining wall. Please provide evidence that the footing for the retaining wall is adequate to support the increase in the amount of material the wall is retaining. The original building plans show a four to five foot retaining wall. The wall that was constructed retains up to 6.5 feet of fill material. The increase in the height of the retaining portion of the wall would require a different footing than the original building permit showed (CB 01-514). ISSUES OF CONCERN Planning: Planning cannot support the request for the variance. The property was developed prior to the installation of the wall and although there is a grade change between the properties, this is not and extraordinary or unusual circumstance for this hilly residential area. The utility of the sideyard area should have been taken into consideration prior to, or in conjunction with, the initial development of the property. There is not substantial evidence that there is a denial of a property right enjoyed by others that is denied to this property. The property has been developed with a single-family home and has adequate areas for yards. The existing flat (IYo slope) sideyard area of 440 square feet is shown to be larger and wider (average of 20 feet) than most single-family homes. A six-foot tall privacy fence could have been installed at the top of the preexisting slope for a similar effect. If the request for the variance were withdrawn, staff would be able to refund a significant amount of the fees from the application. If the variance is processed and denied, the application fees would not be returned.