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Home My WebLink AboutAV 90-12; Marshall Mack; Administrative Variance (AV) (13)I USE own i (FOR DEPT 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DW USE ONLY) Master Plan 0 Specific Plan 0 Precise Development Plan 0 Tentative Tract Map 0 Planned Development Permit [7 Non-Residential Planned Development 0 Condominium Permit 0 Special Use Permit 0 Redevelopment Permit 0 Tentative Parcel Map < Administrative Variance General Plan Amendment 0 Local Coastal Plan Amendment 0 Site Development Plan [7 Zone Change 0 Conditional Use Pennit 0 Hillside Development Permit (7 Environmental Impact Assessment $ Variance 0 Planned Industrial Permit Coastal Development Permit [7 Planning Commission Determination 0 List any other applications not specificed -90~ 1% - I 2) LOCATION OF PROJECT: ON THE I mar SIDE OF (NORTH, SOUTH EAST, WEST) (NAME OF STREET) BETWEEN kif MTNOT 1 AND I$MIS d4+ (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: lLor 5 OF c7w 11 GO I - CW~AC, 7c-r. ~0.85-36 ~~ ~~ 4) ASSESSOR PARCEL NO(S). 1 JOS - 330.3a - 00 5) LOCAL FACIUnES MANAGEMENT ZONE DESIGNATION 6) EXinNG GZT!EP$.L KJ.!! Ru 7) PROPOSED GENERAL PLAN DESIGNATION 8) EXISTING ZONING 11) PROPOSED NUMBER OF RESIDENTVU. UNITS [TI 9) PROPOSED ZONING zg=TTE 12) PROPOSED NUMBER I N/+ I 13) TYPE OF SUBDMSION OF LOTS (RESIDENTIAL COMMERCIAL INDUSTRIAL) 14) NUMBER OF EXISTING RESIDENTlU UNlTS 15) PROPOSED INDUSTRIAL OFFICVSQUARE FOOTAGE SQUARE FOOTACE 16) PROPOSED COMMERCIAL - A CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT' IN OPEN SPACE 18) PROPOSED SEWER USAGE IN EQUNALENT DWELLING UNITS 19) PROPOSED INCREASE IN AVERAGE DAlLY TRAFFIC m 22) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER TH ON. [/WE CONSENT TO ENTRY FOR THIS PURPOSE 23) OWNER NAME (PRINT OR lYPE) NAME (PRINT OR "PE) 24) APPLICANT hh&H-Acc "e MAILING ADDRESS MAILING ADDRESS 3543 90#M& 2hE CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED ~ ~ DATE STAMP APPLICATION RECEIVED RECENED BY TOTAL FEE REQUIRED DATE FEE PAID 1 RECEIPT NO. CITY OF CARLSBAD 1200 ELM A. ZNUE CARLSBAD, CALIF01 rA 92008 438.5821 ACCOUNT NO. I DESCRIPTION AMOUNT I I 1 I I I I I I I I I I RECEIPT NO. 10 14 2 4 Justification for Variance Explain why there are exceptional or extraordinary circcanstances 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:. This is the cnly property in the subdivision with a severe slope along the front of the proprty. ?his grade was created by the original developers to lower the overall elevation of the subdivision. A wall should be constructed to stop soil erosion. For the wall to mnnect with the 5' retetaining wall and additional fence hilt by the subdivision developer and the wall built by the neighbor ~1 the south-end, the general guidelines of the rmnicipal code for wall height should be exceeded. As indicated by the survey of the neighbors (attached) this was the best way to finish the front of the property to conform to foundation lines of the residence, deal with the severe elevation drop and create an aesthetically pleasing design that ties in with the tw neighbors' landscape/hardscape designs. 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: The rmnicipal code is a general guideline and in the City of Carlsbad, there are nunber of properties where conditions warrent aonstruction of walls, fences and hedges that exceed the guidelins. 2246 Janis Way, 1126 Larkspur Lane, 1144 Magnolia Avenue, 3700 Westhaven Drive, 3300 bnna Drive, 3000 Blenkarne Drive. Explain why the granting of such variance will not be materially deterimental to the public welfare or injurious to the property or improvments in such vicinity and zone in Mxi& the property is located: Well milt, aesthically pleasing, does mt encroach cn mighbors' properties or interfere with views. Great ~aroperty inprovextent amording to survey. It does not blodk the view of cm dng traffic cm Donna Drive for our neighbors, passers, joggers, street signs, street lights, parking, sidewalk, curb/gutter. The wall is not Wlt cn underground electrical wire or cables, main pipes, and there is full access to water and electrical meter. Explain why the granting of such variance will mt adversely affect the comprehensive plan: Survey of ptssersby, real estate professionals, landscape architecs and designers give 100% approval as -11 as praise for the hardscape and landscape design. The -1s of the City of Qrlsbad is to create a beautiful carrmnity and this landscape/hardscape design contributes to that goal. People in the aomrarnity as wll as real estate professionals such as Sun Harbor, Pete Sdhmidt, Hcprae and Hearth Realty, C-21, Coldwell Banker think it will be a shame to change it since it's me of the mst beautiful properties of Qrlsbad. Disclosure Statement iXlring the first part of June, 1989, I went to the City of Carlsbad and spoke with Paul York to gather infomation %t to adhere to city's code for our project . Mr. York approached me at the munter with a stern look cn his face and a poor attitude as he threw a mp on his desk. He was obvisously angry. As I started asking questions, I could tell that he v,as not interested in talking with me or answering questions that I had. He slapped the spec sheet for concrete wall construction cn the counter after I asked him about building a block wall. He looked at me in disgust and did not say anything. When questioned his answers wre bief, short and curt. I was intimidated by the way I was treated. Mr. York did say that a Wee foot retaining wall or a free standing wall was pennissable in the area where we wanted to build. This was all the information I needed along with a spec sheet. we are cognizant that sane projects require pennits. We were seeking professional assistance in @ faith. It is unfortunate that Mr. York was not in the rrood to help. Masuko Ogura 3542 Donna Drive Carlsbad, CA 92008 DISCLOSURE STATEMENT APPLICANT'S STATEMENT OF 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. (Please Print) The following information must be disclosed: 1. 2. 3. 4. List the names and addresses of all persons having a financial interest in the application. List the names and addresses of all persons having any ownership interest in the property involved. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-proffi organization or as trustee or beneficiary of the trust. FRM00013 8/90 2075 Las Palmas Drive - Carlsbad, California 92009-4859 * (619) 438-1 161 Disclosure Statement (Over) Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Co mittees and Council within the past twelve months? Yes - No Ayes, please indicate person(s) I Perron ir dotinod u: 'Any individual, firm, copartnorahip, jointvonturo, urociation, l0ci.l club, fraternal organization. corporation, &ate. trust. receiver, syndicat., thir and any other county, city and county, city municipality, dirtrid or other political rubdivision, or my othar group or combination acting 8. a unit.' - 1 (NOTE: Attach additional pages as necessary.) Signature of applicant/date MARSW M / 4 CL Print or type name of owner Print or type name of applicant I WRITE IT - DON'T SAY IT! \ Date $$, 17 ,990 Neply Wanted t To From UNO Reply Necessary 4 CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 4384621 ACCOUNT NO. DESCRIPTION I AMOUNT RECEIPT NO. 101 927 TOTAL I