HomeMy WebLinkAboutAV 95-06; Lagoon Waterfront LLC Condo; Administrative Variance (AV) (11)”
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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
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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