HomeMy WebLinkAboutAV 96-07; EATON RESIDENCE VARIANCE; Administrative Variance (AV)CITY OF CARLSBAD
PLANNING DEPARTMENT/RECORDS MANAGEMENT
DOCUMENT MANAGEMENT SYSTEM
SCANNED/IMAGED SHEET
The following documents are scanned and indexed into the Document Management Sysxein:
INITIAL DOCUMENT(S) IMAGED BY IMAGED DATE
ru SkeiAce,
IMAGED
MAY 2 2 2002
CITY OF CARLSBAD
PLANNING DEPARTMENT
ADDED DOCUMENT(S) IMAGED BY IMAGED DATE
PAGE Revised March 30,2001
CITY OF CARLSBAD
LAND USE REVIEW APPLICATION
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
(FOR DEPARTMENT (FOR DEPARTMENT
USE ONLY) USE ONLY)
Administrative Permit - 2nd
Dwelling Unit
Administrative Variance
E Coastal Development Permit
Conditional Use Permit
Condominium Permit
fl Environmental Impact
Assessment
General Plan Amendment
E Hillside Development Permit
fl Local Coastal Plan Amendment
E Master Plan
E Non-Residential Planned
Development
Planned Development Permit
fl Planned Industrial Permit
E Planning Commission
Determination
Precise Development Plan
F-1 Redevelopment Permit
E Site Development Plan
Special Use Permit
Specific Plan
F-1 Tentative Parcel Map
Obtain from Engineering Department
Tentative Tract Map
LII Variance
Zone Change
fl List other applications not
specified
0 /
2) ASSESSOR PARCEL NO(S).:
3) PROJECT NAME: EAT 1Jk k&
4) BRIEF DESCRIPTION OF PROJECT: 'fO'T '/A413 SvraAck VA-'kiAocE
5) OWNER NAME (Print or Type) 6) APPLICANT NAME (Print or Type)
)h A-r01.4 Ajrr?v W,
ADDRESS MAILING ADDRESS
Sozc L OtO IST e2- eIU1 d: EJc iT,
CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE
efzoo (c431-144 (1')94z -106 Z
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE
INFORMAT N A CORRECT TO THE BEST OF MY OWNERJ THAT ALL THE/BOVE INFORMATION IS TRUE AND
KNOWLED
ONATURE
COF)T-1'O THE BE VPI KNOWLEDGE.
DATE SIGNATURE DA E
7) BRIEF LEGAL DESCRIPTION Lccr 12- V(p? .k. 305Z 7A4t
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 4:00 P.M.
Form 16 PAGE 1 OF 2
8) LOCATION OF PROJECT:
STREET ADDRESS
ON THE I I SIDE OF F1ic br.L ago
(NORTH, SOUTH, EAST, WEST) (NAME OF STREET)
BETWEEN I AND J I
(NAME OF STREET) (NAME OF STREET)
9) LOCAL FACILITIES MANAGEMENT ZONE
10) PROPOSED NUMBER OF LOTS J 11) NUMBER OF EXISTING 12)
RESIDENTIAL UNITS
PROPOSED NUMBER OF
RESIDENTIAL UNITS
13) TYPE OF SUBDIVISION 14) PROPOSED IND OFFICE! u/ 15) PROPOSED COMM
11' SQUARE FOOTAGE SQUARE FOOTAGE
16) PERCENTAGE OF PROPOSED k//ft 17) PROPOSED INCREASE IN 18) PROPOSED SEWER
PROJECT IN OPEN SPACE ADT USAGE IN EDU
19) GROSS SITE ACREAGE 20) EXISTING GENERAL 21) PROPOSED GENERAL
PLAN PLAN DESIGNATION 7A
22) EXISTING ZONING 23) PROPOSED ZONING at
24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY
STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMEBERS OR CITY COUNCIL MEMBERS
TO INSPECT AJENTER THE PR9)PETY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT
TO ENTRY -THIS PURIb)7
SNATURE r 61
FOR CITY USE ONLY
;
FEE COMPUTATION
APPLICATION TYPE FEE REQUIRED
4-v -o? 00
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
TOTAL FEE REQUIRED
DATE FEE PAID RECEIPT NO. I 3Q e-K7
Form 16 PAGE 2OF2
CITY OF CARLSBAD
-' PLANNING DEPARTMENT
I. ADMINISTRATIVE VARIANCE INFORMATION
A. Variances granted by the Planning Director shall be limited to:
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 regulation;
2. Modification of the minimum lot width regulation, provided such modification does not
result in a lot width less than fifty (50) feet;
3. Walls or fences to exceed heights permitted by the zoning regulations;
4. Modifications to the sign area regulations, provided such modification does not exceed ten
percent of the maximum allowed sign area;
5. Modifications to the sign height regulations, provided such modification does not exceed
ten percent of the maximum allowed sign height.
B. APPEAL
1. If your case is denied by the Planning Director, you may appeal this decision to the
Planning Commission. You must submit a completed appeal form and the required fee
within ten (10) calendar days from the date of the decision. See fee schedule for amount
of appeal fee.
H. VARIANCE INFORMATION
A. How Your Application Will Be Processed:
1. Submit application, plans, and fees at public counter to the Planning Department, 2075 Las
Posas Drive, (619)-438-1161. A prpd prqject reqiirin That niuitip1 appliatins be
2. A planner checks submittal for completeness. If incomplete, application will not be
accepted for filing. If complete, case number assigned, file made and case assigned to
planner for review.
3. Variances are heard by the Planning Commission. If no further revisions are needed,
planner prepares staff report; puts case on agenda; sends out public notice; report is typed,
duplicated, and mailed. If your request is granted, you will receive a Resolution of
Approval with conditions on project and a stamped set of plans. No building permits can
be issued until after the appeal period (10 days).
B. Application Fee: See Fee schedule, also for Appeal..
c. Appeal
1. If your case is denied by the Planning Commission, you may appeal this decision to the
City Council. You must submit a letter explaining the reasons for the appeal and the
required fee to the City Clerk within ten (10) calendar days from the date of the decision.
FRM0004 2/96 Page 1 of 5
CITY OF CARLSBAD
APPLICATION REQUIREMENTS FOR
ADMINISTRATIVE VARIANCE
VARIANCE
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 which 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;
2. Modification of the minimum lot width regulation, provided such modification does not result
in a lot width less than fifty (50) feet;
3. Walls or fences to exceed heights permitted by the zoning regulations;
4. Modifications to the sign area regulations, provided such modification does not exceed ten
percent of the maximum allowed sign area;
5. Modifications to the sign height regulations, provided such modification does not exceed ten
percent of the maximum allowed sign height.
The following materials shall be submitted for each application or for combined applications on a single
project, except as noted under "III. Other Requirements", A and B of Property Owner's List and
Address Labels.
I. REOUIRED PLANS (folded and delivered in complete sets)
O A. SITE PLAN: eight (8) copies for a Variance; four (4) copies for Administrative Variance
prepared on a 24" x 36" sheet(s) folded to 8 1/2" x 11". The site plan shall include the
following information:
1. General
0 a. Name and address of applicant, engineer and/or architect, etc.
0 b. Location, size and use of all easements.
0 c. Dimensions's and locations of: access, both pedestrian and vehicular, showing service
areas and points of ingress and egress, off-street parking and loading areas showing
location, number and typical dimension of spaces, and wheel stops.
0 d. Distance between buildings and/or structures.
0 e. Building setbacks (front, rear and sides).
0 f. Location, height, and materials of walls and fences.
0 g. Location of freestandin .f signs.
0 h. A summary table indicating the following information (if applicable to the vat
0 1) site acreage
0 2) existing zone and land use
FRM0004 2/96 Page
O 3) proposed land use
O 4) total building coverage
O 5) building square footage
O 6) percent landscaping
O 7). number of parking spaces
O 8) square footage of open/recreational space (if applicable)
0 9). cubic footage of storage space (if applicable).
O B. BUILDING AND FLOOR PLANS: eight (8) copies for a Variance and four (4) copies for an
Administrative Variances, prepared on 24" x 36" sheets folded to 8 1/2" x 11" size. The
building and floor plans shall include the following:
1. Location and size of storage areas (if applicable)
2. All buildings, structure, walls and/or fences, signs and exterior lights.
O C. REDUCED SITE PLAN: one (1) copy of 8 1/2" x 11". (Not required for Administrative
Variance.)
O D. LOCATION MAP: one (1) copy of 8 1/2" x 11" (suggested scale 200" - vicinity maps on the
site plan are not acceptable).
0 E. COLORED SITE PLAN AND ELEVATION PLAN: (Not required 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(l) copy of a colored elevation to the Planning Department by 12:00 noon,
eight (8) days prior to the Planning Commission meeting. Do not mount exhibits.
H. REQUIRED DOCUMENTS
O A. Completed Variance Justification Form.
O B. Disclosure Statement.
0 C. Completed "Project Description/Explanation" sheet.
O D. Three (3) copies of the Preliminary Title Report (current within the last six [6] months).
FRM0004 . .2/96 Page 3 of 5
III. OTHER REQUIREMENTS
I. A. Property Owner's List and Addressed Labels
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
PROPERTY OWNERS LIST AND LABELS. THE APPLICANT SHALL BE REQUIRED
TO SIGN A STATEMENT CERTIFYING THAT THE INFORMATION PROVIDED
REPRESENTS THE LATEST EQUALIZED ASSESSMENT ROLLS FROM THE SAN
DiEGO COUNTY ASSESSOR'S OFFICE. THE PROJECT WILL NOT GO FORWARD
UNTIL THIS INFORMATION IS RECEIVED.
- A typewritten list of the names and addresses of all property owners within a 600 foot
radius of subject property (including the applicant and/or owner). The list shall include the
San Diego County Assessor's parcel number from the latest assessment rolls.
Two (2) separate sets of mailing labels of the property owners within a 600 foot radius of
the subject property. The list must be typed in all CAPITAL LETTERS, left justified,
void of any punctuation. For any address other than a single family residence, an
apartment or suite number must be included but Apt., Suite, and Bldg. # must NOT appear
in the street address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON
LABELS. DO NOT provide addressed envelopes -PROVIDE LABELS ONLY. Acceptable
fonts are: Swiss 721, Enterprise TM, Courier New (TT) no larger than lipt. Sample labels
are as follows:
UNACCEPTABLE
Mrs. Jane Smith
123 Magnolia Ave,. Apt #3
Carlsbad, CA 92008
UNACCEPTABLE
Mrs. Jane Smith
123 Magnolia Ave.
Apt. #3
Carlsbad, CA 92008
ACCEPTABLE
MRS JANE SMITH
APT #3
123 MAGNOLIA AVE
CARLSBAD CA 92008
I. B. 600 Foot Radius Map
A map to scale not less than I" = 200' showing each lot within 600 feet of exterior boundaries
of the subject property. Each of these lots shall be consecutively numbered and correspond with
the property owner's list. The scale of the map may be reduced to a scale acceptable to the
Planning Director if the required scale is impractical.
O C. Deposit for Publication of Notices - See Fee Schedule for amount.
FRM0004 2/96 Page 4 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....
I. 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:
Subject residence, as well as most other residences on Tierra Del Oro and
Shore Drive have non-conforming (10 ft.) front yard setbacks. The
Muicipal Code allows only 40% expansion of existing floor area for non-
conforming structures. This would limit expansion of this residence to
543 sq. ft. (.40x1357). Development potential for this property is unfairly limited,
2. -Exptainwhy 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:
Subject property is currently limited by the code to 1900 sq. ft. of floor
• area. Many other properties in neighborhood have floor areas in the 3000 sq. ft.
• to 5000 sq. ft. range. Other properties have been allowed to exceed the 40%
increase by obtaining an administrative variance for front yard setback.reduction.
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:..
A front yard setback of 10 ft. will allow this property to be built out to
the front yard setback that has been long established on this street.
This will have no detrimental effect on public welfare or on other properties
in the area. No sidewalks are in this neighborhood.
4. Explain why the granting of such variance will not adversely affect the comprehensive plan:
This neighborhood is nearly 100% built out. The subdivision was
constructed in 1954, two years .fter the city was incorparated.
FRM0004 2/96 Page 5 of 5
_ City of Carlsbad
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:
1. APPLICANT
List the names and addresses of all persons having a financial interest in the
application.
Homer & Nina Eaton
5025 Tierra Del Oro St.
Carlsbad, Ca. 92008
2. OWNER
List the names and addresses of all persons having any ownership interest in the
property involved.
Homer & Nina Eaton
5025 Tierra Del Oro
Carlsbad, Ca. 92008
3. 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 o,vning any partnership interest in the partnership.
4. 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-profit organization or as trustee or beneficiary of the trust.
2075 Las Palmas Dr. • Carlsbad. CA 92009-1576. (619) 438-1161 • FAX (619) 438-0894
A
5. Have you had more than $250 worth of business transacted with any member of
City staff, Boards, Co 'missions, Committees and/or Council within the past twelve
(12) months?
El Yes No If yes, please indicate person(s):
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, 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."
NOTE: ch additional sheets if necessary.
/,-
igna re of owner/date
A
Print or type name of owner
Signature of applicant/date
Print or type name of applicant
Disclosure Statement 10/96. Page 2 of 2
PROJECT DESCRIPTION/EXPLANATION
PROJECT NAME: EATONRESIDENCE FRONT YARD SETBACK VARIANCE
APPLICANT NAME: HOMER & NINA EATON
Please describe fully the proposed project. 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:
We would like to remodel and add a second story to our residence
located at 5025 Tierra Del Oro Street. It has come to our attention
that the front property line of our home is 10 feet from the front of
our garage. The required front yard setback in our zone is 20 feet.
The Teramar subdivision where our property is located was built in 1954,
two years before the municipal code requiring a 20 foot front yard setback
was established. This encroachment into the setback puts our property
into a non-conforming status that limits expansion of the floor area to
40% of the existing area of the residence. This limit would allow us a total
of 1900 square feet of living area on the property. Most homes in this
neighborhood are much larger. We feel that the non-conforming status
placed on our residence deprives us of the right to develope our property
to the standards that neighboring properties enjoy.
We understand that other properties on the west side of Tierra Del Oro Street
and Shore Drive with the same non-conforming setback status as ours have been
granted an Administrative Varnce to allow them to expand their living area
beyond the 40% limit.
We hereby request that a reduced front yard setback variance be granted for
our property.
A
Rev. 4/91
ProjDeso.frm
6.
CITY OF CARLSBAD
4
PLANNING DEPARTMENT
I. ADMINISTRATIVE VARIANCE INFORMATION
A. Variances granted by the Planning Director shall be limited to:
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 regulation;
2. Modification of the minimum lot width regulation, provided such modification does not
result in a lot width less than fifty (50) feet;
3. Walls or fences to exceed heights permitted by the zoning regulations;
4. Modifications to the sign area regulations, provided such modification does not exceed ten
percent of the maximum allowed sign area;
5. Modifications to the sign height regulations, provided such modification does not exceed
ten percent of the maximum allowed sign height.
B. APPEAL
1. If your case is denied by the Planning Director, you may appeal this decision to the
Planning Commission. You must submit a completed appeal form and the required fee
within ten (10) calendar days from the date of the decision. See fee schedule for amount
of appeal fee.
H. VARIANCE INFORMATION
A. How Your Application Will Be Processed:
1. Submit application, plans, and fees at public counter to the Planning Department, 2075 Las
Posas Drive, (619)-438-1161 A proposed project requirrn that multiple applhations be
2. A planner checks submittal for completeness. If incomplete, application will not be
accepted for filing. If complete, case number assigned, file made and case assigned to
planner for review.
3. Variances are heard by the Planning Commission. If no further revisions are needed,
planner prepares staff report; puts case on agenda; sends out public notice; report is typed,
duplicated, and mailed. If your request is granted, you will receive a Resolution of
Approval with conditions on project and a stamped set of plans. No building permits can
be issued until after the appeal period (10 days).
B. Application Fee: See Fee schedule, also for Appeal..
c. Appeal
1. If your case is denied by the Planning Commission, you may appeal this decision to the
City Council. You must submit a letter explaining the reasons for the appeal and the
required fee to the City Clerk within ten (10) calendar days from the date of the decision.
FRM0004 2/96 Page 1 of 5
4
CITY OF CARLSBAD
APPLICATION REQUIREMENTS FOR
ADMINISTRATIVE VARIANCE
VARIANCE
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 which 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;
2. Modification of the minimum lot width regulation, provided such modification does not result
in a lot width less than fifty (50) feet;
3. Walls or fences to exceed heights permitted by the zoning regulations;
4. Modifications to the sign area regulations, provided such modification does not exceed ten
percent of the maximum allowed sign area;
5. Modifications to the sign height regulations, provided such modification does not exceed ten
percent of the maximum allowed sign height.
The following materials shall be submitted for each application or for combined applications on a single
project, except as noted under "HI. Other Requirements", A and B of Property Owner's List and
Address Labels.
I.
A. SITE PLAN: eight (8) copies for a Variance;15 ~~pies for Administrative Variance
prepared on a 24" x 36" sheet(s) folded to 8 The site plan shall include the
following information:
1. General
a. Name and address of applicant, engineer and/or architect, etc.
11 b. Location, size and use of all easements.
0 c. Dimensions's and locations of: access, both pedestrian and vehicular, showing service
areas and points of ingress and egress, off-street parking and loading areas showing
location, number and typical dimension of spaces, and wheel stops.
O d. Distance between buildings and/or structures.
O e. Building setbacks (front, rear and sides).
0 f. Location, height, and materials of walls and fences.
O g. Location of freestanding signs.
O h. A summary table indicating the following information (if applicable to the variance):
0 1) site acreage
0 2) existing zone and land use
1
FRM0004 2196 Page 2 of 5
4
O 3) proposed land use
0 4) total building coverage
O 5) building square footage
O 6) percent landscaping
O 7). number of parking spaces
O 8) square footage of open/recreational space (if applicable)
O 9). cubic footage of storage space (if applicable).
B. BUILDING AND FLOOR PLANS: eight (8) copies for a Variance and four (4) copies for an
(\ / Administrative Variances, prepared on 24" x 36" sheets folded to 8 1/2" x 11" size. The
\(' building and floor plans shall include the following:
1. Location and size of storage areas (if applicable)
2. All buildings, structure, walls and/or fences, signs and exterior lights.
E52( C. REDUCED SITE PLAN: one (1) copy of 8 1/2" x 11". (Not required for Administrative
Variance.)
121 D. LOCATION MAP: one (1) copy of 8 1/2" x 11" (suggested scale 200" - vicinity maps on the
site plan are not acceptable).
0 B. COLORED SITE PLAN AND ELEVATION PLAN: (Not required 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 by 12:00 noon,
eight (8) days prior to the Planning Commission meeting. Do not mount exhibits.
IL REQUIRED DOCUMENTS
ii' ,, A. Completed Variance Justification Form.
B. Disclosure Statement.
C. Completed "Project Description/Explanation" sheet.
D. Three (3) copies of the Preliminary Title Report (current within the last six [6] months).
o
FRM0004 2/96 Page 3 of 5
4
II I1i p i a[IIIJ I 1 3k'A I 31
0 ) A. Property Owner's List and Addressed Labels
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
PROPERTY OWNERS LIST AND LABELS. THE APPLICANT SHALL BE REQUIRED
TO SIGN A STATEMENT CERTIFYING THAT THE INFORMATION PROVIDED
REPRESENTS THE LATEST EQUALIZED ASSESSMENT ROLLS FROM THE SAN
DIEGO COUNTY ASSESSOR'S OFFICE. THE PROJECT WILL NOT GO FORWARD
UNTIL TI-ITS INFORMATION IS RECEIVED.
A typewritten list of the names and addresses of all property owners within a 600 foot
radius of subject property (including the applicant and/or owner. The list shall include the
San Diego County Assessor's parcel number from the latest assessment rolls.
Two (2) separate sets of mailing labels of the property owners within a 600 foot radius of
the subject property. The list must be typed in all CAPITAL LETTERS, left justified,
void of any punctuation. For any address other than a single family residence, an
apartment or suite number must be included but Apt., Suite, and Bldg. # must NOT appear
in the street address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON
LABELS. DO NOT provide addressed envelopes -PROVIDE LABELS ONLY. Acceptable
fonts are: Swiss 721, Enterprise TM, Courier New (IT) no larger than I ipt. Sample labels
are as follows:
UNACCEPTABLE UNACCEPTABLE ACCEPTABLE
Mrs. Jane Smith Mrs. Jane Smith MRS JANE SMITH
123 Magnolia Ave,. Apt 43 123 Magnolia Ave. APT #3
Carlsbad, CA 92008 Apt. #3 123 MAGNOLIA AVE
Carlsbad, CA 92008 CARLSBAD CA 92008
0 B. 600 Foot Radius May
A map to scale not less than 1" = 200' showing each lot within 600 feet of exterior boundaries
of the subject property. Each of these lots shall be consecutively numbered and correspond with
the property owner's list. The scale of the map may be reduced to a scale acceptable to the
Planning Director if the required scale is impractical.
0 ")c. Deposit for Publication of Notices - See Fee Schedule for amount.
rh
D LcL
ro-
Page 4 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.
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:
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:
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:
4. Explain why the granting of such variance will not adversely affect the comprehensive plan:
4
FRM0004 2/96 Page 5 of 5
V
I
City of Carlsbad
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:
1. APPLICANT
List the names and addresses of all persons having a financial interest in the
application.
2. OWNER
List the names and addresses of all persons having any ownership interest in the
property involved.
3. 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.
4. 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-profit organization or as trustee or beneficiary of the trust.
2075 Las Palmas Dr. • Carlsbad. CA 92009-1576- (619) 438-1161 • FAX (619) 438-0894
5. 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 7 No If yes, please indicate person(s);___________________________
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, 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."
NOTE: Attach additional sheets if necessary.
Signature of owner/date Signature of applicant/date
Print or type name of owner Print or type name of applicant
Disclosure Statement 10/96 Page 2 of 2
PROJECT DESCRIPTION/EXPLANATION
PROJECT NAME:
APPLICANT NAME:
Please describe fully the proposed project. 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:
Rev. 4/91 ProjDesc.frm
POOR
QUALITY
ORIGINAL (S)
J 2 I CITY OF CARLSBAD
L 1200 CARLSBADi&LAGE DRIVE CARLSBAD, C*IFORNIA 92008
434-2867
REC'D FRO DATE
ACCOUNT NO. DESCRIPTION AMOUNT
Q P irM
1613 12/21)/96 0001 01 02
RF(FIPT Nfl 1 NOT VALID UNLESS VALIDATED BY TOTAL
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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:
APPLICANT
List the names and addresses of all persons having a financial interest in the
application. As
Homer & Nina Eaton A2 / Doc' (LI
5025 Tierra Del Oro St. 4-
Carlsbad, Ca. 92008
2. OWNER
List the names and addresses of all persons having an ownership interest in the
property involved.
Homer & Nina Eaton
5025 Tierra Del Oro
Carlsbad, Ca. 92008
3. 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.
4. 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-profit organization or as trustee or beneficiary of the trust.
2075 Las Palmas Dr. • Carlsbad. CA 92009-1576 (619) 438-1161 • FAX (619) 438-0894
'I,
5. Have you had morWan $250 worth of business transd with any member of
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City staff, Boards, Commissions, Committees and/or Council within the past twelve
(12) months?
Yes No If yes, please indicate person(s):_________________________
Person is defined as 'Any individual, firm, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, 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."
NOTE: AttacIi additional sheets if necessary.
Signature of owner/date f
Signature of applicant/date
/~/ AP4--- 4~~d
Print or type name of owner Print or type name .of applicant
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Disclosure Statement 10/96 Page 2 of 2
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PROJECT DESCRIPTION/EXPLANATION
PROJECT NAME: EATON RESIDENCE FRONT YARD SETBACK VARIANCE
APPLICANT NAME: HOMER & NINA EATON
Please describe fully the proposed project. 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:
We would like to remodel and add a second story to our residence located at 5025.Tierra Del Oro
Street. It has come to our attention that the front property line of our home is 10 feet from the front of our
garage. The required front yard setback In our zone is 20 feet. The Terramar subdivision where our
'ii.. •
property is located was built in 1954, two years before the municipal code requiring a 20 foot front yard
setback was established. This encroachment into the setback puts our property into a non-conforming
• statu. Wewould like to be permitted to maintain our current setbacks and develop our property to a Size
similar to our neighbors. We feel that the non-conforming status placed on our residence deprives us of
the right to develop our property to the standards that neighboring properties enjoy.
We realize that other properties on the west side of Tierra Del Oro Street and Shore Drive with
the same non-conforming setback status as ours have been granted an Administrative Variance to
allow the 10 foot front and 5 foot side yard setback when proving no detriment to the neighborhood or
the Comprehensive Plan.
We hereby request that a reduced front and side yard setback variance be granted for our
property.
O .
Eaton Residence: 12/96 Application for Administrative Variance 3/11/97
We have applied for an Administrative Variance to allow us the right to
make improvements or to build on this property using the EXISTING side
and front yard setbacks.
We have received the variance allowing the EXISTING 5' side yard set back.
But we have be asked to maintain a 20' front yard set back, when we have an
EXISTING 10' set back. We would like to be granted at least the 10' set back for
the following reasons:
1. As precedence, and per an Administrative Variance granted to "Weldon
Residence" on Oct. 7, 1992. This is a like property 4 lots north of our property,
The variance granted 5' side yard setbacks to this undeveloped property.
Further, "modification of the front yard setback (was) allowed without an
Administrative Variance under Section 21.46.070 of the Municipal Code.
Under this section a reduced front yard may allowed by use of a stringline
when projects on either side of the subject property have reduced front yards
and the property is unimproved. (ours is improved-but the stringline should
prove applicable) This section of the code requires that a minimum front yard
setback of 8 feet be maintained".
2. As precedence, an Administrative Variance was granted to the immediate
neighbor on Nov. 27, 1958; allowing 5' side yard and 10' front yard setbacks.
FURTHER: We see no reason for denying us this right since:
1. The exceptional and extraordinary circumstances applicable to the property
apply only to particular properties within the vicinity or zone. The existing
structure was constructed in it's existing, encroaching location over 40 years
ago, with benefit of a valid building permit. The history of the neighborhood
shows that it was built before the existence of a municipal code. It would
seem that grand fathering would be the accepted method of dealing with
applying homes that were built to a building code previous to new code
restrictions.
2. We should not be denied the enjoyment of the same substantial property
right possessed by the other property in the same vicinity and zone. We see
no evidence in the previous building and remodeling in this vicinity that any
other property owner in this vicinity has had to comply to a 20 'front yard
setback if the 10' setback existed previously. We would expect that our appeal
would not be handled with any prejudice.
3. Because all encroachments are existing, the variance will not be
detrimental to public welfare or injurious to the property or improvements
in the vicinity or zone.
4. The granting of the variance will not adversely effect the comprehensive
General Plan in that use will remain single family, RLM-Residential Low
Med. Density, with no circulation impacts.
We are asking for a change in the description to Legal Non-Conforming.
We purchased this home over 5 years ago. Neither the Title Report nor
Disclosure Statement showed any non-compliance, and to my knowledge, it
is nowhere a matter of record. Non-Conformance negatively impacts the
property value and should be removed.
We are applying for the variance without a specific development plan
because the variance we are requesting would permit us to build to the
existing 10' front yard set back and the existing 5' side yard setback and the
existing ocean front string line either now or in the future. We deserve to be
granted this right, and that right should be passable to anyone who would
purchase this property if we were ever to sell the property. Any and all plans
that we submit to the city would be within our existing footprint, observing
the height limitations and other restrictions consistent with current
municipal code.
Even if we make no alterations to the property at this time, in order to
RETAIN OUR PROPERTY VALUE and TO RETAIN OUR PROPERTY
RIGHTS, consistent with the property rights of all other property owners in
this vicinity, I believe we deserve to be given the Administrative Variance
for which we are applying.
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