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Home My WebLink AboutV 301; JOE SANDY; Variance (V)V Receipt No. _ S APPLICATION NO. VARIANCE_____________ CITY OF CARLSBAD (Please Type or Print) Date: I 1. REQUEST: Variance to i-t.rro Y41 bçiefly explain and indicate section of Ct 1 C-2c4 tkrro I D- /AaCs Zone Ordinance affectedi) / g -EAC.i<. ON .4 o RrH I 3 • HQ 644-r 644r fSrpQJ.tj,.D3o 16.O'4P 1 .LIL _.t7tO ' 43i.1 D1t4 .. #(,-Mr ,3oVE ri- 1O GE.. 2. LOCATION: The subject property is generally located on the j.rt-_side of _2.C-.A-4 between aseH J'H and / ) 3. ASSESSOR'S NUMBER: Book03 Page 3E Parcel o Book Parcel (If more, please list on bottom of this page). .. - 4• OWNER(S): Name Address City Zip Phone rno 30 y a E,T_7& _5EiEt--_5r._ 5, PERSON RESPONSIBLE FOR PREPARATION OF APPLICATION: Name Address City Zip Phone 4 .4cy (jAGrCp Ccj Pc'. O)L S90 6. APPLICANT'S SIGNATURE: I hereby declare that all information contained within this application is true: A Name Address Zip Phone - - - IL - - /, // Rer*esentinq (Cothav or Corooration Relationship toPropertyOwner(s)A,E.rr The City of Carlsbad Planning Department would appreciate the opportunity to work with the applicant throughout the Planning Stages of the proposed development. In an effort to aid the applicant, the Planning Department requests that it be given an opportunity to evaluate and discuss the application and plans prior to submittal. This request is not a requirement;however, it may avoid major re- drafting or revision of the plan which only serves to lengthen the processing time. ATTACHMENTS: Supplemental Information Form - Planning 23- Standard Conditions - Planning 27 Preparation Check List - Planning .32 Procedures - Planning 36 . Form: Planninq 5 Date of Plannina Commission Aooroval SUPPLEMENTAL INFORMATION FORM VARIANCE 1) Gross Acres (or square footage, if less than acre) l'l&ô 2) Zone 3) General Plan Land Use Designation________________________________ 4) 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. a) Explain why -there are exceptional or extraordinary circum- stances 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: t4 F_ 2cr PoPr '4ft 1 J/'r-r PL-4m 3t21 LD I r & Ab c.NT -ro lii E C.... L707 b) Explain why such varianc.e 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: N%E 21rNb- 0F, i1(6 1)AUjix 10 1_L c) Explain why the granting materially detrimental to the the property or improvements the property is located: of such variance will not be public welfare or injurious to in such vicinity and zone in which d) Explain why the grantinq of such variance will not adversely affect the comprehensive general plan: - C..OA)S( ST7etiM L ) (fl -f FORM Planning 23 Date of Planning Commission Approval L . . If after the information you have submitted has been reviewed, it is determined that further information is required, you will be so advised. APPLICANT: 100 IN) Name (individual, partnership, joint venture, corporation, syndication) AIRS*RC Lr ~r: A. Business Address Telephone Number AGENT: A6-ATP Name - P 0 CA. '7 01008 Business Address 7.'a973 Telephone Number - MEMBERS: OERr DAVIS Name (individual, partner, joint Home Address venture, corporation, syndication) 7'S RQo.5 57 05CF Business Address Telephone Number Telephone Number 3t\4 bALS Name Home Address 97-05 ff icr c7. c ML"-,. A Business Address Telephone Number Telephone Number FA (Attach more sheets if necessary) I/We declare under penalty of perjury that the information contained in this dis- closure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. r tl'~ __ . Q Vplicant BY Agent, Owner, Partner /Rt2ORDING REQUESTED BY TOBO INVESTMENTS AND WHEN RECORDED MAIL TO "1 L) V Ai (U F lame Tobo Investments I( ••, 275 Roosevelt Street OFFICIAL RORD UiEt 0 O0UP r)', CALIF. Ireso Carlsbad, California 92008 A.S 'n?y PCCQRDR Il I L $2.00 SPACE ABOVE THIS LINE FOR RECORDERS USE MAIL TAX STATEMENTS TO TRANSFER TAX PAID A. S. GRAY, COUNTY RECORDER am. Tobo Investments 275 Roosevelt Street Documentary Transfer Tax: 'NONl Carlsbad, California 92008 THA LAKE, $W;NK,TIC & ARY PS & _j 7y By iens Gar L. Lar' Computed on fAll value less d eneumbrines /rinaining theron at time of sale Grant Deed D.T.T.$ _ __ 10 45 CA THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ROBERT DAVIS and JOAN DAVIS, as to an undivided 1/2 interest, and TONY HOWARD-JONES and MARJORIE HOWARD-JONES as to an undivided 1/2 interest, hereby GRANT(S) to TOBO INVESTMENTS, a general partnership, the following described real property in the County of San Diego , State of California: Lots 43, 44, 45 and 46 in Block "A" of Hayes Land Company Addition to Carlsbad, Map No. 2 in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof 1221, filed in the office of the County. Recorder of San Diego County, November 4, 1909. EXCEPTING that portion, if any, of said Lots lying below the line of ordinary high tide of thq waters of the Pacific Ocean. Dated Cf s'I'VII OF CAI.lI'QRNIA COUNTY 01' /_' . • ( n helure 110', I lii Un(I('l- signet1. a Notary Public in and for said Stall', Pet -nital IY aI(IWalet I ROBERT DAVI$ 3IQAN DAVIS S_TONI__ - -- , known to Inc In 1st Ille person_ ___wliose flhIIIIe__ .1ll04IlIlr(I to the willihI in,minient and atkiitiwI'dge<I that th ey ....exccuti.ti the same. WITNESS my Ilalid and official seal. A/L - "tatlI(- ( 'I) 1i(I or I'I 111 e r ' n L. 1.' Iii-. ,na lot out-mi w,unriti too It \ - -------------------l;SCIIIW (It J.UOII 15(1 ------ T t. 'o STATFMFMTS AS DIRFCTFD ABOVE - S 203-144-03 • 203-231-01 203-235-01 203-235-02 203-235-04 203-235-05 203-140-24 203-140-23, * 203-143-04 203-143-05 203-144-01 203-140-27 Tobo Investments, 2785 Roosevelt Street, Carlsbad, CA. 92008 Cal, Lutheran Homes, 2400 S. Fremont Avenue, Alhambra, CA. 91803 Zimmerman & Bell, 2751 Ocean Street, Carlsbad, CA. 92008 Tobo Investments, 2785 Roosevelt Street, Carlsbad, CA. 92008 Carlsbad Apartments Co., 1761 Eaton Place, La Verne, CA., 91750 Cal. Lutheran Homes, 2400 S • Freemont Avenue, Alhambra, CA. 91803 Havens & Bell, 2139 Archdale S€reet, Riverside, CA. 92,506 Bryant, Bob & Elizabeth, 63 Wonderview Drive; Glendale, CA. 91202, Ocupn-285Ca-r1&had-B1wL, Car1sad, CA. 92008 -ip.n--5ar Street, Carlsbad, CA. 92008 Oe.e-upant, 2747 Ocean Street, Carlsbad, CA. 92008t Street, Carlsbad, CA. 92008 St. Michae1's'Ei60pa1 Chrch, 2775 Carl sbad Blvd. ;Carisbad, CA. 9200& St. Michael's Episcopal Church, 2775 Carlsbad Blvd. Carlsbad, CA. 920Y Havens Bell,. .2139 *cthdale Street Riverside, Bob & Jean Wa ~-soh ,2729 Ocean Street, 'Carlsbad, CA,, - Qn 2731 Ooeai Street, Carlsbad, CA 92008 Oectippnt,eet, Carlsbad, CA, 92008 Reg* t-Ma OccupantsrPyVe, 2895 Ocean $ ar1sbad, CA. 92008 Je-VAl1 Occupants, Carlsbad By The Sea, 2855 Carlsbad Bvd.,CA. 92008 l.._ ,' ..-,-' • '_'.• \ • j rpQArv hdo-9 osi o' Qtu sj 'd.6 1 •J'v 9o•SQ %o• / rL 203-144-03 Tobo Investments 2785 Roosevelt St. Carlsbad, CA. 92008 203-235-02 Tobo Investments 2785 Roosevelt Street Carlsbad, CA. 92008 203-231-01 I Cal. Lutheran Homes 2400 S. Fremont Ave. Alhambra, CA. 91803 203-235-04 Carlsbad. 2art7rents Co. 1761 Eaton Place La Verne, CA. 91750 203-l40-24 Havens & Bell I 2139 Archdale Street I Riverside, CA. 92506 EL 203-143-05 St. Michael's Episcopal Ch. 2775 Carlsbad Blvd. Carlsbad, CA. 92008 203-035-06 Del Mar Properties 1871 Highland Oaks Dr. Arcadia, CA. 95521 203-140-23 Bob & Elizabeth Bryant 363 Wonderview Drive Glendale, CA. 91202 203-144-01 Havens & Bell 2139 Archdale Street Riverside, CA. 92506 203-234-01 Morris & Co. 1850 Gopher Canyon Road Vista, CA. 92083 203-235-01 Zimmerman & Bell 2751 Ocean Street Carlsbad, CA, 92008 1; 203-235-05 Cal. Lutheran Homes F 2400 S. Fremont Ave., Alhambra, CA. 91803 203-143-04 St. Michael's Episcopal Ch. 2775 Carlsbad Blvd. Carlsbad, CA. 92008 203-140-27 Bob & Jean Watson 2729 Ocean Street Carlsbad, CA. 92008 1: I f 1-3e l 45 0 NT: TO BE RE' IVED: 2-1380 Richard Hanson, Manager Leucadia County Water District P.O. Box 2397 Leucadia, CA 92024 John P. Henley Acting General Manager Carlsbad Municipal Water Dist. 5950 El Camino Real Carlsbad, CA 92008 F-1 Jack Kubota Woodside Kubota & Assoc. P.O. Box 1095 Carlsbad, CA 92008 San Marcos County Water Dist. 788 San Marcos Blvd. San Marcos, CA 92069 Ej William Hollingsworth Manager Olivenheim Municipal Water Dist, 1966 Olivenheim Rd. Encinitas, CA 92024 Dr. Ralph Kellogg, Supt. San Marcos Unified School Dist. 274 San Marcos Blvd. San Marcos, CA 92069 Postmaster City of Carlsbad Carlsbad, CA 92008 Ej Water Quality Control Bd. 6154 Mission Gorge Road Suite 205 San Diego, CA 92120 Attn: Arthur Coe, Charlene Dennis, or Peter Silva Dr. Robert Crawford, Supt. Carlsbad Unified School Dist. 801 Pine Ave. Carlsbad, CA 92008 Bill Berrier, Supt. San Dieguito Union School Dist. 2151 Newcastle Ave. Cardiff, CA 92007 Donald Lidstrom, Supt. Encinitas Elementary School Dist. 185 Union Street Encinitas, CA 92024 John R. Philp, M.D. Director of Public Health 1600 Pacific Hwy. San Diego, CA 92101 Bruce Warren, Executive Dir. San Diego Coast Req. Comm. 6154 Mission Gorge Rd. Suite 220 San Diego, CA 92120 Mr. R. L. Brown, Jr. San Diego Flood Control Dist. 55555 Overland Drive San Diego, CA 92123 Edwin J. Heimlich Federal Housing Admin. P.O. Box 2648 San Diego, CA 92112 L North County Transit District P.O Box 1998 Oceanside, CA 92054 do Paul Price FOR INFORMATION San Diego Gas & Electric 101 Ash Street Mailing: P.O. Box 1831 San Diego, CA 92112 j Pacific Telephone Co. Right-of-Way Dept. 4838 Ronsons Court San Diego, CA 92111 California Div. of Real Est. 107 S. Broadway, Room 8107 Los Angeles, CA 90012 CITY PERSONNEL /—oc_ Mat' Lll WATER DEPARTMENT 4 LII FIRE DEPARTMENT UTILITIES DEPARTMENT L-z-t17Efl PARKS & RECREATION DEPARTMENT BUILDING DEPARTMENT ENGINEERING DEPARTMENT LII LII Form Planning 53 Don Brown Carlsbad Chamber of Commerce Elm Avenue Carlsbad, CA 92008 Bruce Eliason Dept. of Fish & Game 350 Golden Shore Long Beach, CA 90802 E J. Dekema Dist. Dir. of Trans. P.O. Box 81405 San Diego, CA 92138 E] T. C. Martin Programs & Budget Engineer State of California Dept. of Transport. District 11 P.O. Box 81406 San Diego, CA 92138 F . \\ tj Iva •\ \\ / \ c -? o' '\ .'.,, . (±) C>, \ , ••- 19 V-So) CASE NO. Date Rec'd DCC Date: _-72 - PC Date Description of Request:Vrr'e. '+() ;- tbor.t A4, .eeecL " Address or Location of Request: -t " 7twec. 3ceek L_ -- Applicant: ftp Ti--r, Engr. or Arch. Brief Legal: Assessor Book: Page: -Parcel: O General Plan Land. Use Description:R\-4 - Existing Zone: f-3 ' . Proposed Zone: Acres:__ DtJ'S DU/Acre_____ School District: Water District: Sanitation District: Coast Permit Area: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GI V$ that the Planning Coxrlmisn of the City of Carlsbad will hold a Public Hearing at the City Council Cham- bers, 1200 Elm Avenue, Carlsbad, California, at 7:00 P.M. on Wednesday, March 26, 1980, to consider approval of a variance to reduce the front and side setbacks and to exceed the height limitation in the R-3 zone. on property generally located on the west side of Ocean Street between Beech and Cedar, and more particularly described as: Lots 43, 44, 45 and 46 in Block "A" of Hayes Land Company Addition to Carlsbad, Map No. 2 in the City of Carlsbad, County of San Diego, according to the. Map thereof No. 1221 filed in the Office of the County Recorder of San Diego County, November 4, 1909. Those persons wishing to speak on this proposal are cordially invited to attend the Public Hearing. If you have any ques- tions, please call 438-5591. CASE FILE: V-301 APPLICANT: AGATEP CORP.. PUBLISH: March 15, 1980 CITY OF CARLSBAD PLANNING COMMISSION Vk / 14 0 11 . \ A .. '1' 0 o . a S.'.,. \ -;;:y , (c . \ \'? 'c c. \ - , - N. to '3 -. 0 •:;' V- So) Carlsbad Journal0 Decreed A Legal Newspaper by the Superior Court of San Diego County 3088 PlO PICO AVENUE • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice NOTICE OF PUBLIC of which the annexed is a printed copy, has been HEARING published in each regular and entire issue of said NOTICE IS HEkiBYGIVEN.thaithe newspaper and not in any supplement thereof on Planning Commission,of the City of Carlsbad tvillholdapubiie Hearing at the following dates, to-wit: cue .4Ly 'ouuc1L Chambers, iuu asia Avenue, Carlsbad, California, at 1:00 p.m. on Wednesday, March 28, 1980; to consider approval-of a variance to re- duce-the front add side setbacks and to exceed the height-limitation in the R3 zone on property generally located on the west side of Ocean Street between Beech and Cedar, and more particu-larly described as: Lots 43, 44, 45 and 46 in Block "A" of Hayes Land Company Addition to Carlsbad, Map-No. 21n the atyofCarls- bad, County of San-Diego, according to -the.Map- thereof No. 1221 filed in the Office of the County- Recorder of San DiegoCounty, November 4, 1909, Those persons wishing to speak on -this proposal are cordially invited to at-tend the PutlicHearing. Ifyou have any quettions, please call 438-5591, Case File:"V-30Z - - AppliCant: Agatep Corp. CITY OF cARLSBAD -- PLNNN(CQMMISSION CI S718: March 15,1980 - March 15 19.?. 19.... 19.... 19.... 19.... I certify under penalty of perjury that the foregoing is true and correct. Executed at Cbad1%Lhnty of San Diego, The State of California on _______________________________ day of March 1980 Al, &s CI rk of the Printer 2M/5-79 80-62 April 28, 1980 MEMORANDUM TO: City Engineer FROM: Director of Utilities & Maintenance SUBJECT: Drainage Problem; Beach Terrace We have had a storm drain problem on Ocean Street at Cedar for some time. This winter there was some erosion at the Beach Terrace Apartments because of a malfunctioning storm drain (corrugated pipe which had rusted out). This storm drain is alleged to be the City's responsibility; how- ever, my research of records indicates that the easement was dedicated to, but not accepted by the City and the drain was constructed by the builder of Beach Terrace with pipe provided to him by the City. Mr. Howard-Jones has filed claim with the City for emergency concrete work which he believes was the City's responsibility. Suffice to say, the situation cannot continue through next winter's storm season, regardless of who is completely responsible. Bill Baldwin has discussed the matter with Mr. Howard-Jones and has indicated our intention to relocate the drain to the south property line. Mr. Howard-Jones is intending to build on that vacant lot, commencing construction in September. Bill indicated it would be in the City's interest to participate in this reconstruction and that the City would do the planning for the new drain. Accordingly, it is requested that a plan be developed for the storm drain at Ocean and Cedar. Some redesign of Ocean is also indicated in order for the water to flow from the east side to the west side of Ocean. Perhaps this reconstruction could also be done as a part of the public improvements for the Beach Terrace expansion. ROG W. GREER Dir'6ctor of Utilities & Maintenance RWG:pab I PROJECT REVIEW DATE: February 19, 1980 TO: FIRE DEPARTMENT FROM: Planning Department, City of Carlsha RE: CASE NO.: \/ 'O REQUEST: \ I(kr) \/(,r -ro .' -fr 2-' •vr rac(' / DCC APPLICATION REVIEW: DCC FINAL REVIEW: Please comment below and return. For further information call the Planning Department at 729-1181, extension 25. ISSUES: L Wi \ tv Q'k -7 1' 1 v L U COMMENTS: ; IZ 0 A 1.7 0 0 DATE: February 19, 1980 TO: UTILITIES DEPARTMENT FROM: Planning Department, City of Car1sbad,2 RE: CASE NO.:______________________ REQUEST: f 11.0 ( war-d' at. o Irk P'afl ' \' •)i (.0 -;-:-. , PROJECT REVIEW +b 10 S \,rd / 1O DCC APPLICATION REVIEW: DCC FINAL REVIEW: Please comment below and return. For further information call the Planning Department at 729-1181, extension 25. ISSUES: r - COMMENTS: &o.D C3e -Pc )rç( /.O7 .<(W (7 ." PROJECT REVIEW CITY jq £: CA DATE: February 19, 1980 TO 6 RTMENT FROM: Planning Department, City of Car1sbad,2 RE: CASE NO.:V REQUEST: . (LU Q / ID . 1 ' rrd -t -10 , DCC APPLICATION REVIEW: DCC FINAL REVIEW: Please comment below and return. For further information call the Planning Department at 729-1181, extension 25. ISSUES: sot , COMMENTS:____________ 0 L1 PROJECT REVIEW DATE: February 19, 1980 TO: FROM: Planning Department, City of Carlsbad,2 RE: CASE NO.: REQUEST: e (ho e o f 20 I 0. £ \/rp rad -Pror -b 1O DCC APPLICATION REVIEW: DCC FINAL REVIEW: _____________________________ Please comment below and return. For further information call the Planning Department at 729-1181, extension 25. ISSUES: 2. - COMMENTS: 1)T7\fl\7T1\T( WflPM 58, 4/79 C. 1200 ELM AVENUE TELEPHONE: CARLSBAD, CALIFORNIA 92008 (714) 729-1181 Qlitp of Car1bab DATE: February 15, 1980 TO: SANDY (Applicant) SUBJECT: NOTICE OF LETED APPLICATION, CASE NO:__________ We have determined that your application for Variance is complete. This item will be heard at the Planning Commission meeting on March 12, 1980 beginning at 7:00 P.M. In addition, there will be a Departmental Coordinating Committee meeting on March 4, 1980 , starting at 9:00A.M. The preliminary staff report will be reviewed at this time. We would like to have you attend both of these meetings. If you have any questions, please contact me at-7-Z9-1-18-1, exte-rrs±on2 5. qj3 S ' / Sincerely, 4 PLANNING DEPARTMENT KJL: j 7/13/79 FORM 50 . 0 STAFF REPORT DATE: March 26, 1980 TO: Planning Commission FROM: Bill Hofman, Associate Planner SUBJECT: V-301 - SANDY - Request to reduce front and side yard setbacks and to exceed the height limitation on property located on the west side of Ocean Street at the end of Cedar Avenue in the R-3 Zone. I. BACKGROUND Description The applicant is requesting a Variance to reduce the required front and side yard setbacks and to increase the height limitations at the above described location. Specifically, the request is for a reduction of the front yard setback from 8 1 to 4', the side yard setback from 10' to 7', and for a 5' increase of the required 35' building height limitation. The purpose of this request is to allow for development of a 14 unit, 4 story motel complex as shown on Exhibit "A". The site is presently vacant and slopes steeply from Ocean Street down to the beach. General Plan Information 1. Land Use Element: The General Plan designates this property as high density residential allowing 20-30 dwelling units per acre. 2. Public Facilities Element Sewer: The applicant has received 14 edu's through the Second Phase sewer Allocation. Public Improvements: All on-site and adjacent public improvements are existing or will be provi- ded as conditions of approval. City Supplied Public Facilities: Other public facilities necessary to serve this project will not be available concurrent with need. The Plan- ning Commission, by inclusion of an appropriate . I condition will require that the project contribute to the costs of such facilities according to City Council Policy No. 17. Since the development will pay for its appropriate share of public facilities it will require, the Planning Commis- sion will be assured that the requirements of the public facilities element of the General Plan will be satisfied. Related Cases The following Variances have been approved by the Planning Commission for properties on the west side of Ocean Street between Oak Avenue and Pacific Avenue: CASE NO. DATE TYPE OF VARIANCE V-13 8/13/57 Front/side yard reduction V-47 1/29/59 Front/side yard reduction V-76 9/13/60 Side yard reduction V-90 8/8/61 Front yard reduction V-91 9/5/61 Front yard reduction V-92 9/12/61 Side yard reduction V-141 9/30/64 Front, rear, side yard reduction V-150 10/26/65 Allowing parking in front & side yard V-174 8/17/67 Front, side yard reduction V-177 10/10/67 Front, side rear yard reduction V-179 1/5/68 Side yard reduction for garage only. V-197 1/27/70 Reduction of all yards V-200 7/28/70 Side yard reduction V-204 4/13/71 Allowing increase in fence height in front yard. V-205 5/25/71 Front side yard reduction V-222 9/14/72 Front, side, rear yard reduction V-233 9/10/74 Front yard reduction V-267 1/26/77 Front, side yard reduction V-276 3/22/78 Side yard reduction V-285 10/25/78 Front, side yard reduction -2- I II. ANALYSIS Major Planning Considerations 1. Can the required findings for a variance approval be made? 2. Will the variance impede access to the property and to the public beach? Discussion The applicant's request is for three separate variances of the zoning ordinance: 1) reduction of the required 8' front yard (per Section 21.46.070) to 4'; 2) reduction of the required 10' side yard to 71; and 3) an increase of the 35' height limit to 40 1 . As noted in the background section, similar variances have been granted along the west side of Ocean Street by the Planning Commission. Staff feels that all the required findings for this variance request can be made because many properties in the vicinity share the same or a similar property right which this property would be deprived of by strict enforcement of the zoning ordinance, and the steeply sloping topography of the property constitutes an exceptional or extraordinary condition that does not apply generally to other property in the same vicinity and zone. Further, granting of this variance will not be detrimental to the public welfare nor will said variance adversely affect the comprehensive General Plan. In regards to access to the property and the public beach, the applicant is providing a stairway along the north property line for use by the motel guests. Staff feels the access is sufficient for both user access and fire access. In addition, the applicant is granting a 10' wide easement on the south property line to provide public access to the beach. Dedication of this access is per Coastal Commission requirements. Rec ornmend at ion Staff recommends that the Planning Commission adopt Resosution No. 1618 approving Variance 301 subject to the findings and conditions contained therein. BH:ar 3/21/80 EXHIBITS Location Map Resolution No. 1618 3 Disclosure Form go . 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PLANNING COi1MISsION RESOLUTION NO. 1618 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD APPROVING A VARIANCE TO ALLOW A REDUCTION OF THE SIDEYARD AND FRONTYARD REQUIREMENTS, AND AN INCREASE OF THE BUILDING HEIGHT LIMIT. CASE NO.: V-301 APPLICANT: SANDY WHEREAS, a verified application for certain property to wit: Lots 43, 44, 45 and 46 in Block "Ar' of Hayes Land Company Addition to Carlsbad, Map No. 2 in the City of Carlsbad, County of San Diego, according to the Map thereof No, 1221 filed in the Office of the County Recorder of San Diego County, November 4, 1909. has been filed with the City of Carlsbad and referred to the Plan- ning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 26th day of March, 1980, hold a duly noticed public hearing as prescribed bylaw to consider said request; and WHEREAS, at said public hearing, upon hearing and considering the testimony and arguments, if any, of all persons who desired to be heard, said Commission considered all factors relating to the Variance (V-301) and found the following facts and reasons to exist: That there are exceptional or extraordina±y circumstances or conditions applicable to the property or to the intended use that do not generally apply to the other property, or class of use in the same vicinity and zone. 28 //// That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone. That 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. That the granting of such variance will not adversely affect the comprehensive General Plan. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows:' A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of V-301, based on the foregoing findings and subject to the following conditions: Cnditions 1) Approval is granted for V-301 as shown on Exhibits A & B dated 2/8/80, on file in the Planning Department and incor- porated by reference. Development shall be substantially as shown in this exhibit except as otherwise noted in these conditions. 2) The front setback shall be 4 feet measured from the future right-of-way line. 3) The side yard setback along the north property line shall be 7 feet. 4) The building height shall not exceed 40' for any structure. 5) This approval is expressly conditioned on the payment by the applicant for a public facilities fee as required by City Council Policy No. 17, dated August 29, 1979, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee. A copy of that agreement, dated March 5, 1980, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and the project cannot proceed and this approval shall be void. PC RESO #1618 1 2 3 4 5 6 7 8 9 10 :i.i 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2? 28 -2- 0 o 1 2 3 Li. 5 6 7, 8 9 10 11 12 13 14 15 16" PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 26th day of March, 1980, by the following vote, to wit: AYES; Schick, Friestedt, Marcus, Leeds, Jose NOES: Larson ABSENT: None ABSTAIN: Rornbotis EDWIN S. SCHICK, JR., chairman CARLSBAD PLANNING COMMISSION ATTEST: S C. HAGAMAN Se:dretary SBAD PLANNING COMMISSION 18 19 01 20 21 23 24 25 26 27 PC RESO #1618 28 Page 3