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Home My WebLink AboutAV 05-07; Bagnall Residence; Administrative Variance (AV)CITY OF CARLSBAD LAND USE REVIEW APPLICATION i 1) APPLICATIONS APPLIED FOR: (CH | j Administrative Permit |/\| Administrative Variance I ] Coastal Development Permit [ I Conditional Use Permit I I Condominium Permit | I Environmental Impact Assessment | | General Plan Amendment I | Hillside Development Permit I | Local Coastal Program Amendment I I Master Plan Non-Residential Planned Development I | Planned Development Permit ECK BOXES) (FOR DEPARTMENT USE ONLY) 25&CD7 | I Planned Industrial Permit Planning Commission Determination Precise Development Plan I Redevelopment Permit | Site Development Plan I I Special Use Permit I I Specific Plan I I Tentative Parcel Map Obtain from Engineering Department I | Tentative Tract Map I I Variance Zone Change I I List other applications not specified (FOR DEPARTMENT USE ONLY) 2) 3) 4) ASSESSOR PARCEL NO(S).: PROJECT NAME: | O - O"2G ~ I BRIEF DESCRIPTION OF PROJECT.TO 5) OWNER NAME (Print or Type) T- 5A£tKJAL.L 6) APPLICANT NAME (Print or Type) MAILING ADDRESS MAILING ADDRESSP.O. CITY AND STATE ZIP TELEPHONE £56 CITY AND STATE p/MOCHOSA^TA re ZIP TELEPHONE 058 EMAIL ADDRESS:EMAIL ADDRESS:BELL . I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. U I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND SIGNATUR /DATE g/13/05 SIGNAT D/TTE 7) BRIEF LEGAL DESCRIPTION LOT i HAP 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 4JJB P.M. Form 14 Rev. 12/04 PAGE 1 OF 5 V-*' 8) LOCATION OF PROJECT: ON THE 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 ENT ZONE 11) NUMBER OF EXISTING RESIDENTIAL UNITS 14) PROPOSED IND OFFICE/ SQUARE FOOTAGE 17) PROPOSED INCREASE INADT 20) EXISTING GENERAL PLAN 23) PROPOSED ZONING I (NAME OF STREET) 12) PROPOSED NUMBER OF RESIDENTIAL UNITS 15) PROPOSED COMM SQUARE FOOTAGE 18) PROPOSED SEWER USAGE IN EDU 21) PROPOSED GENERAL PLAN DESIGNATION 24) HABITAT IMPACTS IF YES, ASSIGN HMP # 25)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 E^JTRY FOR THIS PURPOSE SIGNATURE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED RECE1VEU v CITY OF CARLSBAD RECEIVED BY: TOTAL FEE REQUIRED Form 14 Rev. 12/04 PAGE 2 OF 5 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 why there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and zone: EACH 51PE OF THE. 6' £u>?ey2- To j4ftVlf A*° ty^Tl^a IQ rb hKf (.50^0 2. Explain why such 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: i . i fiNJQ THg' G-^-^A^e I*:? or 3. Explain why the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located: Tc> l^tf fU^>UC OF 4. Explain why the granting of such variance will not adversely affect the comprehensive general plan: OP •«»««««•«»»»»»**«*»»»* Form 3 Revised 04/04 Page 4 of 4 City of Carlsbad Planning Department 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 corporation or partnership, 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 publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Corp/Part Title Person cr Title Address 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 corporation or partnership, 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 publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person, Title Corp/Part_ Title Address Address 1635 Faraday Avenue • Carlsbad. CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust Title Non Profit/Trust, Title Address 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? Yes X No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. l££ Print or typename of owner Signature bf applicant/date Print or type name of applicant 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 PROJECT NAME: feA*3MAU, APPLICANT NAME: Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or 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: 1,472 TWt of OP op Project Description 10/96 Page 1 of 1 C 0 PILE COPY 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 reduced front yard setback from 20 feet to 15 feet on property generally located at 5029 Tierra Del Oro Street, Carlsbad, California. 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 05-07 CASE NAME: Bagnall Residence DATE: January 10, 2006 CITY OF CARLSBAD PLANNING DEPARTMENT 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us CJ Cj FILE COPY City of Carlsbad Planning Department February 7, 2006 Maxwell Wuthrich, AIA PO Box 7223 Rancho Santa Fe, CA 92067 SUBJECT: AV 05-07 - BAGNALL RESIDENCE The Planning Director has completed a review of your application for an Administrative Variance, AV 05-07 at 5029 Tierra Del Oro Street. The variance consists of a request to reduce the front yard setback from 20 feet to 15 feet on an existing residence that maintains a 15-foot front yard setback. After careful consideration of the circumstances surrounding this request, the Planning Director has determined that the four findings required for granting an Administrative Variance can be made and therefore, approves this request based on the following findings and conditions. Findings: 1. There are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and zone because the developable portion of the site is constrained between the street and coastal bluff. This reduces the 267-foot deep lot to a buildable area measuring only 52 feet deep (factoring in a 20 foot front yard setback and rear yard stringline setbacks). This results in a much smaller buildable lot area than that of neighboring lots. Additionally, other residences have been developed with 10-foot or less front yard setbacks or have received approval of variances for 10-foot front yard setbacks. 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 other homes in the neighborhood were originally built with 10 foot front yard setbacks and variances for front setback reductions have been granted to other properties in the same zone and vicinity. The existing residence maintains a 15-foot front yard setback. The proposed reduction to 15 feet is still a deeper setback than the 13-foot setbacks provided on the adjacent lots to the north and south. 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 neighborhood was originally developed with reduced front yard setbacks and all encroachments have been present for some time. Any existing impacts to the neighborhood due to the reduction in adequate vehicle sight distance or street circulation would have been noted by the neighboring residents. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us AV 05-07 - BAGNALL RESIDENCE February 7, 2006 Page 2 4. The granting of this variance will not adversely affect the comprehensive General Plan because the proposed use is a single family home, consistent with the Residential Low- Medium (RLM) density designation and no circulation impacts will result. Conditions: 1. Approval is granted for AV 05-07 as shown on'Exhibit "A" dated February 7, 2006, 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. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. 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. 5. This approval is granted subject to the approval of Coastal Development Permit CDP 05-38 and is subject to all conditions contained in Planning Commission Resolution No. 5708 for that other approval incorporated herein by reference. 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 $550 plus noticing costs. 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, / W DON NEU Assistant Planning Director DN:aw c: Project Engineer Data Entry File Copy