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
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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.