Loading...
HomeMy WebLinkAboutAV 95-06; Lagoon Waterfront LLC Condo; Administrative Variance (AV) (11)” -. h CITY OF CARLSBAD LAND USE REVIEW APPLICATION FOR PAGE 1 OF 2 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) 0 Master Plan 0, Specific Plan Precise Development Plan [7 Tentative Tract Map a Planned Development Permit [7 Non-Residential Planned Development I$ gzz2zz2 ed Condominium Permit Special Use Permit 0 Redevelopment Permit Adminiitrative Variance 0 Administrative Permit - 2nd Dwelling Unit (FOR DEPT USE ONLW General Plan Amendment Local Coastal Plan Amendment Site Development Plan Zone Change Conditional Use Permit Hillside Development Permit Environmental Impact Assessment Variance Planned Industrial Permit Coastal Development Permit Planning Commission Determination List MY other applications not specificed (FOR DEFT USE onn 2) LOCATION OF PROJECT: ON THE I sn,,Tw I SIDEOF (NORTH, SOUTH EAST. WESn (NAME OF STREET) BETWEEN I PARK DRIVE I AND I COVE DR@ CUL-DF~-$AC (NAME OF STREET) ~~ ~ (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: LOT 37 OF TRACT #5162 4) ASSESSOR PARCEL NOtSL 5) LOCAL FACILITIES rl6) EXISTING GENERAL PLAN TGI 7) PROPOSED GENERAL PLAN MANAGEMENT ZONE DESIGNATION DESIGNATION 8) EXISTING ZONING ’ ’FH 9) PROPOSED ZONING 11) PROPOSED NUMBER OF 12) PROPOSED NUMBER 13) TYPE OF SUBDMSION RESIDENTIAL UNITS OF LOTS (RESIDENTIAL, COMMERCIAL ,INDUSTRIAL) 14) NUMBER OF EXISTING RESIDENTIAL 1 7 I UNITS 1s) PROPOSED INDUSTRIAL OFFICEBQUARE FOOTAGE SQUARE FOOTAGE N/A 16) PROPOSED COMMERCIAL NOTE: ~,.RRu~i~o~T’~~~~~~~~~~l~~~~~~~~~~~~~~~~~ .,......... ................................................ - ........ ....... ......................... . . . . . . . ........................................................... . _....,..__.. .;.... ..... . .............,. ...................................................... . ....... ............ ........ ltEwmwG . . . . . . . TlMT’Wx;Y’W A”c*3Tw BBiRLGp: bws.T;.mjw-:ma:;m#*?;& FRVOOOI6 8/90 r 17) PERCENTAGE OF PROPOSED PRafECf IN OPEN SPAG 18) PROPOSED SEWER USAGE IN EQUIVALEHT DWELLING UNITS 19) PROPOSED LNCRFASE IN AVERACE DAILY TRAFFIC 201 PROJECT NAME: 21) BRlEF DESCRIPTION OF PROJECT: I. .CONVF~ON OF FXISTING RF- NECESSARY FOR "BW OF CIlY STAFF, OR CIW COUNdL MEMBERS TU INSPECT AND ENTER THE PROP Vwe CONSENT To ENTRY FOR TIUS PURPOSE 23) OWNER D, JACK/LAGOON WATFRFRONT I I b) ~~pllc~~f SAMF NAME (PRlM OR TIPE) NAME (PW OR mQ Da JACK/LAGOON WATERFRONT LC SAMF PaOa BOX 2198- SAME MAILING ADDRESS WNG ADDRESS CIly AND STATE ZIP TELEPHONE =AND SA= WHONE CARLSBAD, CA 92018 619/722-6)58 SAME c CmOFcARlsBAD . -. APPLICA'I'lON REQUIREMEESIS FOR ~MINImmvARlANcE VARlANcE A variance application is required whenever an applicant desires a variance from the requirements of the zoning code. A variance may be approved as an administrative act by either the Planning Commission or the Planning Director. A variance wbich can be approved by the Planning Director is known as an Administrative variance and is limited to the following: 1. Modification of distance or area regulations, provided such modification does not exceed seventy-five percent of required front, side or rear yards nor exceed ten percent of maximum lot coverage regulations; not result in a lot width less than fifty (SO) feet; 2. Modification of the minimum lot width regulation, provided such modification does 3. Walls or fences to exceed heights permitted by the zoning regulations; 4. Modifications to the sign afea regulations, provided such modification does not 5. Modifications to the sign height regulations, provided such modification does not exceed ten percent of the maximum allowed sign area; exceed ten percent of the maximum allowed sign height. The following materials are required to be submitted with the application except as 'noted on X7 d ' 1. Completed Variance Justification Fom and #a.: d 2. Eight (8) copies (four (4) copies for Administrative Variance) of a site plan prepared on a 24" x 36" sheet(s) folded to 8 1/2" x 11". The site plan shall include the following information: k Name and address of applicant, engineer and/or architect, etc. B. Location, size and use of all easements. C. Dimensions's and locations of: access, both pedestrian and vehicular, showing service areas and points of ingress and egress, offstreet parking and loading areas showing location, number and typical dimension of spaces, and wheel stops. PI D. Distance between buildings and/or structures. d E. Building setbacks (front, rear and sides). F* hation, ?#%ENCES, NO WALLS) and mat& of walls and fences. FRMm 10/92 3. 4. 5. 6. 7. G. Location of freestanding signs. H. 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 4. total building coverage 5. building square footage 6. percent landscaping 7. number of parking spaces -- 8. square footage of opedrecreational space (if applicable) 9. cubic footage of storage space (if applicable). Eight (8) copies (four [4] copies for Administrative Variances) of the building and floor plans prepared on 24" x 36" sheets folded to 8 1/2" x 11" size. The building and floor plans shall include the following: k Location and size of storage areas (if applicable) B. AU buildings, stntcture, walls and/or fences, signs and exterior lights. One (1) copy of 8 1/2" x 11" site plan. (Not required for administrative variance.) One (1) copy of 8 1/2" x 11" location map (suggested scale 200" - vicjniv maps on the site plan are not acceptable). Disclosure Statanal& Completed "Project Description/Explanation" sheet. - NOTE: WHEN THE APPLICATION IS TENTATIVELY SCHEDULED TO BE HEARD BY THE DECISION MAKING BODY, THE PROJECT PLANNER WILL " CONTACT THE APPLICANT AND ADVISE HIM TO SUBMIT THE RADIUS MAP, TWO SETS OF THE PROPERW OWNERS LIST AND LABELS. THE APPLICANT SHALL BE REQUIRED To SIGN A nA"ENT CERTIFYING THAT THE INFORMATION PROVIDED REPRESEESIS THE LA= EQUALIZED ASSESSMENT ROW FROM THE SAN DIEGO COUNlY ASSESSOR'S OFFICE THE PROJECT WILL NOT GO FORWARD UNTIL THIS INFORMATION IS RECEIVED. 8. ProDertv Owners' List and Addressed Labels - A typewritten list of names and addresses of all property owners within a 300 foot radius of subject property (including the applicant and/or owner). The list shall include the San Diego County Assessois parcel number from the latest assessment rolls. - Two (2) separate sets of mailing labels of the property owners within a 300 foot radius of subject property. For any address other than single family residence, apartment or suite number be included. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. 9. 300 Foot Radius Mar, A map to scale not less than 1" = 200' showing each lot within 300 feet of the exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property ownds list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. ' I3 10. 0 11. d 12. Three (3) copies of the Prebinary Title Report (current within the last six [6] months). lored Site Plan and Elevation Ph (Not requid with first submittal or with Administrative Variances.) It is the Applicant's responsibility to bring one (1) copy of a colored site plan and one(1) copy of a colored elevation to the Planning Department bv Noon eight (81 dam mior to the Planninn Commission me. Do not mount exhibits. Deposit for Publication of Notices - See Fee Schedule for amoun~ " "- DISCLOSURE STATEMENT APPLICAM'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP IMERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE CISCRETIONARY ACTION ON THE PART Of THE CITY COUNCIL. OR ANY APPOINTEO BOARD. COMMISSION OR COMMTTTEE. rvED (Please Print) The following information must be disclosed: 1. 2. 3. 4. - Amlicant AUG 1 6 I995 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. B If any person ideMed 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-profit organization or as trustee or beneficiary of the trust. 2075 Cas Palmas Drive - Carlsbad, California 92009-4859 - (619) 438-1 161 ~ ~~__ ~~ . Disclosure Statement (Over) Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff, Boards Commissions, Committees and Council within the past twelve months? Yes - No 2 If yes, please indicate person@) - Perron is dofinod N: 'Any individual. firm, coputnorrhip. joint vonturo. .uociation. social club, fraternal organization. corporation. eatat.. hst. 1 recoivor. ryndicato, thtr and arty othw counly, city and county, city munlcipdity, diatrid or othor political rubdivlrton. or any otkor group or I comblnatlon acting u unA' 1 (NOTE: Attach additional pages as necessary.) 8/14/95 Signature of Owner/date D I JACK %- ;rrscl- Print or type name of owner Print or type name of applicant FRM00013 8/90 4571 8 4575 COVE DRa RECEIVED AUG 1 6 1995 JUSTIFICATION FOR VARIANCE pu. 2; ;: :" 3: G sG By law a Variance may be approved only if certain facts are found to exist. Please &ad &&e requirements carefully and ex$ain how the proposed project meets each of these facts. Use additional sliiets if necessary. 1. Explain why there are exceptional or extraordinary circumstances or condition9 applicable to the property or to the intended use that do ncc qpply generally to the other property or class of use in the same vicinity an$ zone: The subject property is located at 4571 & 4575 Cove Drive. To accommodate a condominium conversion from these two (2) residential apartments, we are requesting only one (1) Administrative Variance. Our application is for approval to vary from a 20' front yard set back, to instead a 10'8" front yard set back. As illustrated by the enclosed documentation, ("NEIGHBORHOOD FRONT YARD SET BACK COMPARATIVE") analysis, we are simply requesting to be allowed the same front yard setbacks that the majority (83%) of existing Cove Drive properties now enjoy. Our petition is prompted by the extraordinary conditions, restrictive size, and irregular shape of our lot. We are located on a "curved" portion of Cove Drive. This is a public street cul-de-sac. Unfortunately, our lot dimensions were designed roughly 29 years ago. Today, this lot may be considered for development use, substandard, Unlike neighboring lots which are relatively rectangular in shape and enjoy wider dimensions for full use, the subject property is a constrained "pie shape". In fact, the rear property line is but a mere set backs. In order to develop our property to its highest and best use, we were forced to push the structure as far forward toward the street as possible to simply assure adequate living space wide enough to be functional and properly useful. - +33' and yet, this 33' is BEFORE subtracting side (i.e. 4') and rear yard (Le- 30' by CC&R) 2. Explain why such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vichiw and zone but which is denied to the property in question: Our request for a variance is reasonable and necessary to enjoy the same property rights possessed by other properties in the same vicinity, zone and local. Such other properties have the ability to use their sites to the fullest and thereby design modern and quality floor plan by today's standards. Yet our site has been severely restricted and denied the same rights and entitlements due to its erratic shape and size. 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:. The granting of this variance will not be of detriment or injurious to public welfare. In fact, our request will be of Dositive nature as it imparts caring property ownership over that of a renters status. Moreover, our request will not increase traffic, nor will it bear any adverse visual restrictions or impact on vehicular street safety. Our request will not increase or change population density, nor will it affect the property's intended and present zone usage. Finally, our request is for NO MORE than that which is now permitted to already over 83% of the continuous proDerties in this immediate vicinity and zonage which now front Cove Drive. Simply, of the 30 residential dwellings now on Cove Drive, 25 of these 30 such Cove Drive properties have front yard setbacks LESS THAN 20', (see enclosed documents of supportation). 4. Explain why the granting of such variance will not adversely affect the comprehensive plan: The granting of thii variance WILL NOT ADVERSELY AFFECT the comprehensive plan of thii neighborhood. As documented, Cove Drive is an established and mature community, now almost completely built out. The subject property has gone through extensive "Desim Review" by the Homeowners Association before approval and the subject property has met all CC&R criteria. The design and site plottage including the existing 10'8" front yard setback has also received approval by the California Coastal Commission, and the City of Carlsbad. In conclusion, our request is for approval of a 10'8" setback instead of a 20' front yard setback as per "PD" code. This approval is needed to finalize our condominium conversion. Our request is in NO WAY ADVERSE and the subject residence is an existing structure. Therefore, the granting of thii variance and requested minor condominium conversion will essentially have absolutely NO further imDact on the community. 1 - * NEIGHBORHOOD FRONT YARD SET BACK COMPARATIVE * SUBJECT PROPERTY: Assessor Parcel No. 207-1 50-04 207-1 50-05 207-1 50-06 207-1 50-07 207-1 50-08 207-1 50-09 207-1 50-1 0 207-1 50-1 1 207-1 50-1 2 207-1 50-1 3 207-150-75 207-1 50-1 4 207-1 50-1 5 207-1 50-1 6 207-1 50-92 207-1 50-92 207-1 50-1 9 207-1 50-20 207-1 50-21 207-1 50-21 207-1 50-90 207-1 50-90 207-1 50-91 207-1 50-89 207-1 50-88 207-1 50-74 207-1 50-73 207-1 50-72 207-150-71 207-1 50-70 207-1 50-69 207-1 50-68 207-1 50-67 207-150-66 207-1 50-84 207-1 50-79 207-1 50-86 207-1 50-87 AUGUST 14, 1995 4571 & 4575 COVE DRIVE, CARLSBAD, CA ADDRESS 4594 4590 4584 4576 4570 4566 4560 4556 4550 VACANT VACANT 4545 VACANT 4549 4553 4553 4555 VACANT - 4571 - 4575 4587-89 4583-85 4599 4603 4605 4543 VACANT 4539 4537 4535 4533 4531 VACANT VACANT 4525 451 9 STREET Cove Cove Cove Cove Cove Cove Cove Cove Cove Cove Cove Cove Cove Cove Cove Cove Cove Cove Cove - Cove Cove Cove Cove Cove Cove Cove Cove Cove Cove Cove Cove Cove Cove Cove Cove Cove PUBLIC LOT 451 3 Cove SET BACK 16'9" 14' 0" 26 ' 0" 14' 10" 28 ' 0" 10'8" 19'0" 11 '5" 11 '5" N/A N/A 11 '0" N/A 22 ' 5" 12' 8" 10' 8" 10 ' 0" N/A 11 '0" (subj. property) 1 0 ' 8" (Sub j . Property) 10'0" 10'3" 11 '4" 10'3" 1 0 ' 4" 20 ' 5" N/A 10' 0" 10"" 10"'' 10'8" 8' 7" N/A N/A 11 '4" 8' 10'' N/A 21 ' 7" CONCLUSION: Only 5 (i.e. 17%) properties of 30 (100%) have a front yard set back at +20'. 83% of existing homes are less than 20' front yard set back. ACCOUNT NO. DESCRIPTION I AMOUNT NOT VALID UNLESS VALIDATED BY CASH REGISTER