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Home My WebLink AboutAV 05-02; Mullins Remodel; Administrative Variance (AV)CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (C tyj Administrative Permit I j Administrative Variance JXJ Coastal Development Permit I I Conditional Use Permit I I Condominium Permit I I Environmental Impact Assessment I I General Plan Amendment L_j Hillside Development Permit LJ Local Coastal Program Amendment | | Master Plan I I Non-Residential Planned Development LJ Planned Development Permit :HECK BOXES) (FOR DEPARTMENT USE ONLY) MOS'CO- IDPCW-feO LJ Planned Industrial Permit I I Planning Commission Determination Li Precise Development Plan I I Redevelopment Permit LJ Site Development Plan |_'| Special Use Permit [ ) Specific Plan Lj Tontativo Parcol Map Obtain from Engineering Department LJ Tentative Tract Map LJ Variance I j Zone Change | 1 List other applications not specified (FOR DEPARTMENT USE ONLY) 2) ASSESSOR PARCEL NO(S).: _ 3) PROJECT NAME: H 4) BRIEF DESCRIPTION OF PROJECT: 5) OVVNER NAME (Print or Type)OVVN fv/ 6) APPLICANT NAME (Print or Type) MAILING ADDRESS Mew A*, CITY AND STATE ZIP TELEPHONE 1 CERTIFY THAT 1 AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. 1 CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE ANDcoRREcxrro THE BEST o MJOWOWLEDGE. DATE DATE 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. Form 14 Rev. 04/04 PAGE 1 OF 6 c 8) LOCATION OF PROJECT. ON THE f BETWEEN (NORTH. SOUTH. EAST. WEST) STREET ADDRESS SIDE OF AND (NAME OF STREET) (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 13) TYPE OF SUBDIVISION 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 22) EXISTING ZONING 11) NUMBER OF EXISTING RESIDENTIAL UNITS 14) PROPOSED IND OFFICE/ SQUARE FOOTAGE 17) PROPOSED INCREASE IN ADT 20) EXISTING GENERAL PLAN 23) PROPOSED ZONING (NAME OF STREET) 12) PROPOSED NUMBER OF RESIDENTIAL UNITS 15) PROPOSED COMM SQUARE FOOTAGE 18) PROPOSED SEWER USAGE IN EDU 1) PROPOSED GENERAL PLAN DESIGNATION 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 TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENJBtf 6OIVrHlS*dftpOSE /SIGNATURE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED HAL FEE REQUIRED DATE RECEIVED DEC 1 7 20W CITY OF CARLSBAD RECEIVED BY: Form 14 Rev. 04/04 PAGE 2 OF 6 JUSTIFICATION FOR VARIANCE By law a Variance may be approved only if certain facts are found to exist Please read these requirements carefully and explain how the proposed project meets each of these facts. Use additional sheets if necessary. 1. Explain what special circumstances are applicable to the .subject property, including size, shape, topography, location or surroundings, whereby the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification: y Explain why the granting of the variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located and is subject to any conditions necessary to assure compliance with this finding: 3. Explain why the granting of the variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property: 4. Explain why the granting of the variance is consistent with the general purpose and intent of the General Plan and any applicable specific or Master Plans: Form 3 Revised 04/04 Page 4 of 4 Findings 1. There are exceptional and extraordinary circumstances and conditions applicable to the property that do not apply generally to the other property or class of use in the same vicinity and zone because of the lot's small size and shape. The gross lot area is 3415 square feet, significantly less than the minimum 7,500 square foot lot area required by the underlying zone. In addition, the lot is nearly as wide as it is deep. Both undersized and square, these lot parameters limit the buildable area to a 1334 square foot house. These parameters alone impose limitations to the lot's building area, but it is the constraint imposed by the lot depth which provides the greatest justification for making this finding. Per City code, the first 10 feet of the property is rendered unbuildable by the required side yard set back. A modification to the side yard set back is appropriate since other side yard set back reductions exist within the neighborhood. 2. The requested variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question because adjacent properties also have substandard set backs. The property immediately west of the subject property has been given a variance for other deficiencies in the neighborhood. 3. The granting of this variance would not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the property is located because the set back is so insignificant compared to other reduced set backs in the neighborhood that the reduction would be virtually unnoticed. In addition, the reduced set back would not compromise, in any way, the health and safety of the occupants and patrons of the subject property or Neighborhood. 4. The granting of this variance will not adversely affect the comprehensive General Plan because the set back variance is based on unique circumstances involving only the subject property. Therefore, the variance would not uniformly affect the properties of Carlsbad and subsequently The City's General Plan. City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: MULLINS LINDA J&WALLACE G FAMILY TRUST Description Amount AV050002 570.00 Receipt Number: R0048501 Transaction ID: R0048501 Transaction Date: 03/10/2005 Pay Type Method Description Amount Payment Credit Crd VISA 570.00 Transaction Amount: 570.00 3552 03/10/05 0002 01 02 ^s NOTICE OF EXEMPTION Planning 1635 Carlsbad CA 92008 (760) 602-4600 To: Office of Planning and Research From: P.O. Box 3044 Sacramento, CA 95812-3044 County Clerk County of San Diego Attn: Rita Garcia, Room 260 1600 Pacific Highway San Diego CA 92101 Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (California Environmental Quality Act). Project Title; Mullins Remodel Project Location - Specific; 2445 Mountain View Drive Project Location - City; Carlsbad Project Location - County; San Diego Description of Project; Administrative variance to reduce a street side yard setback to accommodate a remodel/expansion to an existing single family residence. Name of Public Agency Approving Project; City of Carlsbad Name of Person or Agency Carrying Out Project; Greg Fisher Name of Applicant; Karnak Planning and Design F D L 1 _Grftfjniy J. Smith, Recorder/County Clerk APR Applicant's Address; 2802 State Street. Suite C. Carlsbad. CA 92008 Applicant's Telephone Number; 760-434-8400 Exempt Status: (Check One) D Ministerial (Section 21080(b)(l); 15268); D Declared Emergency (Section 21080(b)(3); 15269(a)); D Emergency Project (Section 21080(b)(4); 15269 (b)(c)); IEI Categorical Exemption - State type and section number: 15303(aX Class 3 CU Statutory Exemptions - State code number: Reasons why project is exempt; One single-family residence in a residential zone Lead Agency Contact Person; Greg Fisher Telephone; (760) 602-4629 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? r\ DYes D No oXUn / 4^ DON NEU, Assistant Planning Director ^ Signed by Lead Agency d Signed by Applicant Date Date received for filing at OPR: Revised March 2004 HLED IN THE OFFICE OF THE COUNTY CiERK San Diecio .;oimty or,._ ^ Posted - m- *$j Returned to Agency on -.'epur, c NOTICE OF EXEMPTION To: Office of Planning and Research P.O. Box 3044 Sacramento, CA 95812-3044 County Clerk County of San Diego Attn: Rita Garcia, Room 260 1600 Pacific Highway San Diego CA 92101 F™I CITY OF CARLSBAD lanning Department 1635 Faraday Avenue Carlsbad CA 92008 (760)602-4600 F 0 L d P Gre90lv J' Smith- Rec^erfcounty cie* JUN 0 9 2005 RV Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (California Environmental Quality Act). Project Title; AV 05-02 -Mullins Remodel __ Project Location - Specific; 2445 Mountain View Drive _ DEPUTY Project Location - City; Carlsbad Project Location - County; San Diego Description of Project; Administrative variance to reduce a street side yard setback to accommodate a remodel/expansion to an existing single family residence. _ Name of Public Agency Approving Proj ect; City of Carlsbad _ Name of Person or Agency Carrying Out Project; Greg Fisher Name of Applicant: Karnak Planning and Design Applicant's Address: 2802 State Street. Suite C. Carlsbad. CA 92008 Applicant's Telephone Number; 760-434-8400 Exempt Status: (Check One) D Ministerial (Section 21080(b)(l); 15268); D Declared Emergency (Section 21080(b)(3); 15269(a)); D Emergency Project (Section 21080(b)(4); 15269 (b)(c)); [X] Categorical Exemption - State type and section number: 15303fa), Class 3 D Statutory Exemptions - State code number: Reasons why project is exempt; One single-family residence in a residential zone Lead Agency Contact Person; Greg Fisher _ Telephone; (760) 602-4629 If filed by applicant: Attach certified document of exemption finding. Has a notice of exemption been filed by the public agency approving the project? DYes D No DON NEU, Assistant Planning Director C*] Signed by Lead Agency n Signed by Applicant Date Date received for filing at OPR: Revised March 2004 FILED IN THE OFFICE OF THE COUNTY CLERK San Diego County on IUN Q 8 2005 Posted JUN Q.Q 200.1 Removed Returned to agency on Deputy X""N City of Carlsbad Planning Department NOTICE OF REQUEST FOR ADMINISTRATIVE VARIANCE Notice is hereby given that an administrative variance has been applied for to allow a five-foot reduction to a street side setback (Normandy Lane) on property generally located at, 2445 Mountain View Drive Carlsbad, California, and more particularly described as: Lot 28, Granville Park, Map 1782 If you have any objections to the granting of this variance or wish to have an informal hearing to discuss the requested variance, please notify the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008, in writing within 10 days of the date of this notice. If you have any questions, please call Greg Fisher in the Planning Department at 602-4629. CASE NO.:AV 05-02 CASE NAME: MULLINS REMODEL DATE:MARCH 17, 2005 CITY OF CARLSBAD PLANNING DEPARTMENT 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us c ^ F1LECOPV City of Carlsoad Planning Department NOTICE OF REQUEST FOR ADMINISTRATIVE VARIANCE Notice is hereby given that an administrative variance has been applied for to allow a five-foot reduction to a street side setback (Normandy Lane) and a four-foot reduction to the front yard setback along Mountain View Drive on property generally located at, 2445 Mountain View Drive Carlsbad, California, and more particularly described as: Lot 28, Granville Park, Map 1782 If you have any objections to the granting of this variance or wish to have an informal hearing to discuss the requested variance, please notify the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008, in writing within 10 days of the date of this notice. If you have any questions, please call Greg Fisher in the Planning Department at 602-4629. CASE NO.:AV 05-02 CASE NAME: Mullins Remodel DATE:July 5, 2005 CITY OF CARLSBAD PLANNING DEPARTMENT 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us w City of Carlsbad Planning Department July 28, 2005 Karnak Design Robert Richardson 2802 State Street Suite C Carlsbad, CA 92008 SUBJECT: AV 05-02 - MULLINS REMODEL The Planning Director has completed a review of your application for an Administrative Variance, AV 05-02 at 2445 Mountain View Drive to allow the street side yard setback to be reduced from ten feet to five feet and the front yard setback to be reduced from twenty feet to sixteen feet to accommodate a single-family residence. After careful consideration of the circumstances surrounding this request, the Planning Director has determined that the five findings required for granting an Administrative Variance can be made and therefore, approves this request based on the following findings and conditions. Findings: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification in that the subject property has one of the smaller lots within the subdivision and the gross lot area of 3,144 square feet is significantly less then the minimum 7,500 square foot lot size required by the R-3 zone. The lots substandard size does not allow for the development of a dwelling unit which is comparable in size with other dwelling units on surrounding lots within the subdivision. The City's Engineering Department is requiring an additional five foot dedication of public right-of-way along Mountain View Drive in order for the City to improve the road way to its ultimate width. In addition, the lot is subject to a ten foot required street side setback which further reduces the net developable lot area to approximately 1,334 square feet in size. The proposed expansion of the existing residence will not further encroach into the ten foot required street side setback as the existing wall section along the street side will remain in place. The proposed residence will meet the required interior and rear yard setbacks for the lot. 2. That the variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located and is subject to any conditions necessary to assure compliance with this finding in that other surrounding residential properties within the immediate neighborhood are located on larger unconstrained lots which allow for development of reasonably sized homes consistent with the R-3 zone. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us AV 05-02 - MULLINS REMO0EL July 28, 2005 Page 2 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property in that the proposed development of a single family residence is an allowed use under the R-3 zoning for the property. 4. That the variance is consistent with the general purpose and intent of the general plan and any applicable specific or master plans in that the proposed development of a single family residence results in a density of 12.75 du/ac which is consistent with the existing Residential Medium High General Plan Land Use Designation which allows 8 to 15 du/ac for the subject site. 5. That the variance is consistent with and implements the requirements of the certified local coastal program and that the variance does not reduce or in any manner adversely affect the protection of coastal resources as specified in the zones included in this title, and that the variance implements the purposes of zones adopted to implement the local coastal program land use plan in that no agricultural uses currently exist on the previously developed site, and the property is not within the Coastal Agricultural Overlay Zone that would require mitigation for conversion to urban uses. There are no sensitive coastal resources on the previously developed site. The improvements are not located in an area of known geologic instability or flood hazard. No public opportunities for coastal shoreline access are available from the subject site and no public access requirements are conditioned for the project since it is not located between the first public road and the ocean. The residentially designated site is not suited for water-oriented recreation activities and the redevelopment of a two story residence will not further obstruct views of the coastline as seen from public lands or the public right of way, nor otherwise damage the visual beauty of the coastal zone. Conditions: 1. Approval is granted for AV 05-02 - MULLINS REMODEL as shown on Exhibits "A," dated July 22, 2005, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. Prior to the issuance of the Building Permit, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued an Administrative Variance on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 3. AV 05-02 is granted subject to the approval of CDP 04-60 and is subject to all conditions contained in the resolution for CDP 04-60. 4. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. QAV 05-02 - MULLINS REMODEL ^ July 28, 2005 Page 3 5. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. This decision may be appealed by you or any member of the public to the Planning Commission within ten days of receipt of this letter. Appeals must be submitted in writing to the Planning Commission at 1635 Faraday Avenue in Carlsbad, along with a payment of $785.00. The filing of such appeal within such time limit shall stay the effective date of the order of the Planning Director until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Greg Fisher at (760) 602-4629. Sincerely, SWA DON NEU Assistant Planning Director DN:GF:bd c: Kathleen Farmer Data Entry File Copy Karnak Planning & Design, Inc. Robert Richardson, President 2802 State Street, Suite C, Carlsbad, Ca 92008 (760) 434-8400 Fax (760) 434-8493 e-mail: karnakarehft/)aol.com July 27.2005 City of Carlsbad 1635 Faraday Ave Carlsbad, CA 92008 Re: AV 05-02 Mullins Remodel Council Policy #47 Attn: Greg Fisher Staff Planner The proposed remodel of Mr. & Mrs. Mullins is to improve a very old residence into a custom home with the quality and character of the new homos around it and compliment the neighborhood. The existing lot is only 3144 sq. ft. with the future R.O.W. subtracted from the gross $i/£ demanded by the engineering department. The makes it a very small lot and hard to come up with all conditions required. We understand that we need to satisfy the intent of 3,7,13, and 14, We feel we have met the intent of the council policy statement as noted on the A 4.0 elevation drawings. Even though this is a small home it has a lot of variety of design and would be an asset to the neighborhood. Sec noted elevation sheets depicting all the variety of design elements such as siding, standing scam copper roof, all windows with lintels and trim, dornws, stone, columns, expanded fascia trim, omate wrought iron on roof railings, spiral stairs and lower deck railing, bay windows with a copper roof, and mountain ledge stone veneer walls. We feel we have met the purpose and intent of the architecture guidelines noted in council policy #44 and strongly contribute to the creation of livable neighborhoods. Respecj 'Robert'ftic: President SO £2 c 'OS City of Carlsbad Planning Department March 17, 2005 Karnak Design Robert Richardson 2802 State Street Suite C Carlsbad Ca 92008 SUBJECT: AV 05-02 - MULLINS REMODEL Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Administrative Variance, application no. AV 05-02, as to its completeness for processing. The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. The City may, in the course of processing the application, request that you clarify, amplify, correct, or otherwise, supplement the basic information required for the application. In addition, you should also be aware that various design issues may exist. These issues must be addressed before this application can be scheduled for a hearing. The Planning Department will begin processing your application as of the date of this communication. Please contact your staff planner, Greg Fisher, at (760) 602-4629, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, DON NEU Assistant Planning Director DN:GF:bd c: Van Lynch Kathleen Farmer File Copy Data Entry Planning Aide 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 05-02 - MULLINS REMODEL Planning: None Engineering: None ISSUES OF CONCERN Planning: None Engineering: None