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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