HomeMy WebLinkAboutAV 03-02; Fischer Variance; Administrative Variance (AV) (6)I - 1
City of Carlsbad
October 1 , 2002
Anthony Fisher
2663 Cazadero Dr.
Carlsbad CA 92009
RE: 2663 CAZADERO DR - CB 01-514
Dear Mr. Fisher:
This letter is in regards to the request for fin 1 inspection of a retaining wall constructed on the
property located at 6332 Cazadero Drive in Carlsbad. The work to be performed was to be
pursuant to building permit number 01-514, which was issued on May 25, 2001 and
subsequently renewed on March 5, 2002. The permit was specifically for a six-foot tall
combination retaining wall and masonry wall located along the northwesterly property line.
During the construction of the wall, you had visited me in the Planning Department and we
discussed the ultimate finish and height of the wall. Your concerns were that the wall would not
have an even finish along the top of the wall because of the varied footing heights and that the
property has a break in the slope, which the wall would have to follow. Also at issue was the
requirement of a railing as part of the wall is adjacent to an area that will be turf. Our discussion
resulted in concurring that the wall could exceed six feet to allow for the even appearance, or
smoothing, of the wall where the block would step through the six-foot wall height. The
understanding was that the wall could be increased no more than necessary to achieve the even
appearance. In the section where the turf area was adjacent to the wall, I suggested that the wall
be capped with a guard railing for safety purposes.
Upon inspection of the wall on September 24, 2002 by building inspector Scott Rudinger and
myself, the wall height was measured to heights ranging fiom 6’ 10” to 8’ 3”. These heights are
well in excess of the building permit and what you and myself agreed upon. In the lower section,
the wall is evenly built to eight feet tall, which is about two to three courses too tall. In the
section where the turf area is adjacent to the wall, the wall was built to eight feet as measured
from the backside and 35 inches as measured fiom your property side.
I have reviewed your question regarding the possibility of processing a variance for the wall.
The necessary findings for a variance could not be made, as there is no denial of a substantial
property right. It is possible to have a wall at the present location to serve the desired need and
still be in compliance with the code. Other options that you may explore would be to backfill
behind the wall to effectively reduce the height of the wall. Please review this option with your
neighbor and the City’s Engineering Department, as it would bury an existing brow ditch, which
may no longer be necessary.
@ 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us
-.
2663 CAZADERO DR - Ld 01-514
October 1,2002
Paae 2
In summary, the entire wall shall be modified to comply with the six-foot tall height limit as
agreed upon as stated above. Any portion of the wall adjacent to turf or walkable surfaces shall
be protected by a guardrailing of open design (i.e wrought iron fence). The solid masonry wall
for a guardrail is unacceptable as it creates an over height wall condition and adverse aesthetic
condition to the adjacent property. If you have any questions regarding the above, please feel
fiee to contact me at (760) 602-4613.
Sincerely,
-l
VANKYNCH
Senior Planner
VL:mh
C: Chris DeCerbo
Scott Rudinger