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Home My WebLink AboutAV 01-02; 1275 Hoover Street Fence; Administrative Variance (AV) (4)fl - CITY OF CARLSBAD LAND USE REVIEW APPLICATION APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPARTMENT Administrative Permit - 2nd Dwelling Unit Administrative Variance Coastal Development Permit Conditional Use Permit Condominium Permit Environmental Impact Assessment General Plan Amendment Hillside Development Permit Local Coastal Plan Amendment Master Plan Non-Residential Planned Development Planned Development Permit 70 USE ONLY) 0 0 0 0 Planned Industrial Permit Planning Commission Determination Precise Development Plan Redevelopment Permit Site Development Plan Special Use Permit Specific Plan Obtain from Engineering Depa Tentative Tract Map Variance Zone Change lamer List other aDDlications not (FOR DEPARTMENT USE ONLY) E It I specified 1 2) ASSESSOR PARCEL NOW.: - NAME (Print or Type) I 6) APPLICANT NAME (Print or Type) CORRECT TO THE BEST OF MY KNOWLEDGE. 7) BRIEF LEGAL DESCRIPTION NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:OO P.M. Form 16 PAGE 1 OF 2 8) LOCATION OF PROJECT: ON THE -1 SIDE OF I STREET ADDRESS * UG-W {cy I (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN 71 AND 11 (NAME OF STREET) (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 11) NUMBER OF EXISTING TI] RESIDENTIAL UNITS RESIDENTIAL UNITS 12) PROPOSED NUMBER OF 13) TYPE OF SUBDIVISION 14) PROPOSED IND OFFICE/ wl 15) PROPOSED COMM SQUARE FOOTAGE SQUARE FOOTAGE 16) PERCENTAGE OF PROPOSED Fl ADT PROJECT IN OPEN SPACE 17) PROPOSED INCREASE IN wl 18) LE$SFE:LWER 19) GROSS SITE ACREAGE PLAN 20) EXISTING GENERAL [Iwtll PLAN DESIGNATION Fl 21 ) PROPOSED GENERAL 22) EXISTING ZONING kl 23) PROPOSED ZONING rn 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS E PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. INVE CONSENT FOR CITY USE ONLY FEE COMPUTATION 4PPJKATION TYPE FEE REQUIRED I #I- # TOTAL FEE REQUIRED 4Gc"" 1 DATE FEE PAID Form 16 RECEIVED BY: RECEIPT NO. PAGE 2 OF 2 Enclosed is the mriance information requirements for 1275 Hoo\Rr Street. Letter for Justification of Variance and Land Use Review Application. Property Profile with subject property map. Enclosures also include pictures of neighbor remowng my dirt from my bank ..... Please notice picture of policeman ..... which was called and reported when they were remowng my dirt from my property ... l could not ha* the police move them away because the stakes for the property line were removed. But a police report was made showing that this in fact was against the law. The same neighbor that is complaining about my fence stating it is to high, also has a block wall fence that is well owr 10 feet high ...... l AM CONFUSED ABOUTTHATORDEAL ..... Also enclosed are the pictures of 5 homes that are within a 2 block radius with heights that are above the city code .... 1. Southwest comer of Highland and Chestnut ..... both front and back are owr height restrictions. 2. 4424 Highland is well ow height restrictions 3. 4407 Highland front yard is well over height restriction 4. 4105 Highland front yard is well ow height restriction 5. Neighbor to the west of me .... the complainer is well over 10 feet high .... It is quite ewdent that I ha= been singled out from my neighbor .... but I am well within the scope of the remainder of my neighbors.. . . . These fiw of my residence and haw? height uolations. that I am.....l feel that it is because I am a single female that I am being harassed. at all for their fence.....yet I am being abused continually. and they haw not been contacted about their height. RECEIVED KAY 0 3 2001 CITY OF CARLSBAD PLANNING DEPT. Monday, Aprll16,ZOOl A&a Online: Lyndiawm Fmge: 1 4 CITY OF CARLSBAD RECEIVED PLANNING DEPARTMENT 1 ' 0 ri 7q3 VARIANCE INFORMATION 0 r CAR ;-. SAD A. Administrative Variance: Variances granted by the administrative variances. Administrative variances shall be limited to: 1. Modification of distance or area regulations, provided such modifications does not exceed seventy-five percent of required front, side or rear yards nor exceed ten percent of maximum lot coverage regulation; 2. Modification of the minimum lot width regulation, provided such modification does not result in a lot width less than fifty (50) feet; 3. Walls or fences to exceed heights permitted by the zoning regulations; 4. Modifications to the sign area regulations, provided such modification does not exceed ten percent of the maximum allowed sign area; 5. Modifications to the sign height regulations, provided such modification does not exceed ten percent of the maximum allowed sign height. B. All other variances will be heard by the Planning Commission and processed pursuant to Chapter 21 SO of the Carlsbad Municipal Code. C. Submitting your application: Submit your application, plans and fees at the public counter of the Planning Department at 1635 Faraday Avenue, (760) 602-4600. A,propoied gibject requiring that multiple apphcaeoris'be file$must:be:submitted prior to 3:30 pim;'' A''propos@ project requiring'that only one application, be filed must be submitted prior to ,4:00 p.m. Your application will not be accepted until all required application materials are submitted. See Fee Schedule for processing fee amounts. ' .,~*. ;p', , 'f ill"", . ~ I., 'ir ,.~,~, ~~*~ i;z' , , . .* ~ ,, ' " ,. ?,, * , ""'**4r',"ti , ',*< ,.~, , - r . , j 8 > .:i &" -1 ei?. D. Appeal procedures for administrative variances: If your administrative variance is denied by the Planning Director, you may appeal this decision to the Plarining Commission. You must draft a letter requesting the appeal and submit it to the Planning Director and pay the required fee within ten (10) calendar days from the date of the decision. The Planning Commissions' decision may also be appealed under the procedures established for variances as described below. See fee schedule for amount of appeal fee. Appeal procedures for variances: If your variance is denied by the Planning Commission, you may appeal this decision to the City Council. You must submit a letter requesting the appeal and pay the required fee to the City Clerk within ten (10) calendar days from the date of the decision. See fee schedule for required appeal fees. FRM0004 5/96 Page 1 of 5 CITY OF CARLSBAD APPLICATION REQUIREMENTS FOR: ADMINISTRATIVE VARIANCE VARIANCE A variance application is required whenever an applicant desires a variance from the requirements of the zoning code. A variance may be approved by the Planning Commission or as an administrative act by the Planning Director. The following materials shall be submitted for each application or for combined applications on a single project, except as noted under “m. Other Requirements”, A and B of Property Owners List and Address Labels. I. 0 0 0 0 0 3! 0 0 0 o I7 REWIRED PLANS (folded and delivered in complete sets] A. SITE PLAN - Eight (8) copies for a Variance; four (4) copies for an Administrative Variance prepared on 24” x 36” sheet(s) folded to 8 1/2” x 11”. The site plan shall include the following information: 1. General a. Name and address of applicant, engineer andor architect, etc. b. Location, size and use of all easements. C. Dimensions and locations of: access (pedestrian and vehicular), service areas and points of ingress and egress, off-street parking and loading areas showing location, number and typical dimension of spaces, and wheel stops. d. Distance between buildings andor structures. e. Building setbacks (front, rear and sides). f. Location, height and materials of walls and fences. g. Location of freestanding signs. h. All applicable Fire Suppression Zones, as required by the City’s Landscape manual. i. A summary table indicating the following information (if applicable to the variance): (1) site acreage. (2) existing zone and land use. (3) proposed land use. FRM0004 5/96 Page 2 of 5 JUSTIFICATION FOR VARIANCE 1. The primary exceptional or extraordinary circumstance that would justify a variance for a wall at 1275 Hoover Street is the direct line of sight from the back of my house and yard to the back of the adjacent house and yard. This pre- sents a problem in the form of a constant opportunity to invade my privacy. The only way to prevent this invasion of privacy is to have a solid wall that stops the line of sight at the property line. This alone should justify the requested. variance. (When my wall was built it conformed to the regulated height. But my neighbor removed soil from his side of the wall, thereby increasing the height of the wall as measured from that side. When the wall is measured from my side it conforms to the current height limita- tion. My neighbor should be required to replace the soil he removed, and this would resolve the height issue forthwith. His illegal removal of soil has led the City of Carlsbad to be in a false case against the height of a wall that initially met the required height limitation.) 2. The preservation and enjoyment of life at home is of itself a substantial property right. Anyone or anything that dis- turbs or threatens this right should be stopped. The wall as built serves this purpose. It preserves my right to a safe and secure house and home. It is not only a property right, but also a personal right. There are four examples of walls or fences within a block of my property: a) 4424 Highland (wall) Height? b) Highland and Chesnut (wall) Height? (southwest corner) c) 4407 Highland (fence) d) 4105 Highland (fence) The most recent fence was built parallel to my wall by the neighbors who object to my wall. This imitation is not flattering. 3. The wall as built presents no material detriment to the public welfare or injury to the property or improvements in the vicinity and zone in which my property is located. The requested variance for a harmless wall justified by what it does not do, as well as by what it does: A self- contained property harms no one, rather it can prevent harm. i” Re: Justification for Variance Pages: two of two 3. (contd.) My wall adds value to my property (and my life) and, in so doing, adds value to the immediate vicinity, e.g., when an appraisal of a nearby property includes comparables. 4. The requested variance for my wall will not adversely affect the comprehensive general plan. This statement stands the test of reason as both a legal and moral declaration of one’s rights of privacy and private ownership, security and safety. I am requesting a variance for my wall for these reasons. .- - City of Carlsbad DISCLOSURE STATEMENT Applicant’s statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as “Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit.” Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant’s agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a coruoration or DartnershiD, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO APPLICABLE (N/A) IN THE SPACE BELOW If a publiclv-owned cornoration, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- Person 2. OWNER (Not the owner’s agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a coruoration or DUtImShiD3 include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) 1635 Faraday Avenue - Carlsbad, CA 92008-7314 - (760) 602-4600 FAX (760) 602-8559 @ - - 3. NON-PROFIT L-\GANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonurofit organization or a trust. list the names and addresses of ANY as an officer or director of the non-profit organization or as trustee or b Non Profiflrust Non Profiflrust Title Address’ 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? NOTE: Attach additional sheets if necessary. Signature of owner/applicant’s agent if applicable/date Print or type name of owner/applicant’s agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 PROJECT DESCRIPTION/EXPLANATION APPLICANT NAME: U Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/OF operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: Project Description 10/96 Page 1 of 1 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 ~ Applicant: MEISSNER LINDA M TRUST 03-09-99 DescriPtion AVO10002 Amount 495.00 Receipt Number: ROO20064 Transaction Date: 05/03/2001 Pay Type Method Description Amount """"" """"" """""""" """"" Payment Check 1523 495.00 Transaction Amount: 495.00 8340 05/03/01 a002 01 02 CGP 49s - orx/ City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: MEISSNER LINDA M TRUST 03-09-99 DescriDtion AVO10002 Amount 8.16 Receipt Number: ROO23606 Transaction Date: 10/18/2001 Pay Type Method Description Amount """"" """"" """""""" """"" Payment Check 2749 8.16 Transaction Amount: 8.16