HomeMy WebLinkAboutV 98-01; Nessim Residence; Variance (V) (12)F- A
1200 ELM AVENUE CAR LS BAD, CALI FO RN I A 92008
Office of the City Clerk
DATE : May 15, 1998
TO : Bobbie Hoder, Planning Dept.
FROM : Karen Kundtz, Clerk's Office
RE : V 98-01 - Nessim
TELEPHONE
(619) 434-2808
THE ABOVE ITEM HAS BEEN APPEALED TO THE CITY COUNCIL.
According to the Municipal Code, appeals must be heard by the City Council
within 30 days of the date that the apped was filed. (REMINDER: The item
will not be noticed in the newspaper until the agenda bill is signed off by
- all parties.)
Please process this item in accordance with the procedures contained in the
Agenda Bill Preparation Manual. If you have any questions, please call.
The appeal of the above matter should be scheduled for the City Council
Meeting of
Signature Date
c
APPEAL FORM
I (we) appeal the decision of the
to the Carlsbad City Council.
PMING c*mIssIoN
Date of Decision you are appealing: 6, 1998
Subiect of Amed:
BE SPECIFIC Examples: if the action is a Ci Engineer's Decision, please say so. If a project has
multiple elements, (such as a General Plan Amendment, Negative Declaration, Specific Ptan, etc.) please list them all. If you only want to appeal a part of the whole action, please state that here.
~ A resolution of the Planning Commission of the City of Carlsbad, California,
denying a building height variance on property generally located at the
,ld+ xi~i:'L-s, ', irU~ LIS- 'JI. UdI.C'j'-'?.V VL-LLL em northwest corner of Carlsbad Villz:aEfCe ana" &hland Drive in Local
Facilities management zone 1. Case No: V 98-01
- e. 9 1 .1 -.*-,-
'
Reasonls) for ADDd: 0 Please Not. Flrflurs to spe&fy a reason may result in denial of
tho appeal, and you will be limited to the grounds stated hero when presenting your appeal.
BE SPECIFIC How did the decision maker err? What about the decision is inconsistent with state or local
laws, plans, or policy?
See attached page.
.-
&I--- -
Cjary Nessim
NAME (please print)
DATE
I' May 15, 1998
(760) 434 2778
PHONE NO.
2987 Highland Drive
ADDRESS: Street Name i3 Number
Carlsbad, CA 92008
City. State, Zip Code
1200 Carlsbad Village Drive - Carlsbad. California 92008-1 989 - (61 9) 434-2808 @
Reasons for Appeal:
The finding of the Planning Coxhission is in error for the following reasons;
I. There are exceptional and extraordinary circumstances applicable to this property. This is the
only property in Carlsbad with a three story building of this type. This building was created when
property was subject to condemnation proceedings. The condemnation of a portion of the
property reduced it's size, elevation, and created a more difficult to deal with lot configuration.
There is only one potential safe driveway access due to the lots' narrow width and presence of
Carlsbad Village Drive, Traffic controls, utility poles, and bus stops. In addition the property has
a slope maintenance easement bordering Carlsbad Village Drive fbrther narrowing the distance
in whch to deal with the IO' slope across the property.
The existing three story structure was moved to it's present location in 1960 to preserve it's
height and view following Condemnation of a portion of the lot. The existing one story home
violated setback ordinances immediately upon condemnation as the street was located too close
to the extended Carlsbad Village Drive. This home was relocated to the west end of the property
to conform the city ordinances and make room for renovation of the three story structure. These
plans were permitted before changes to the building height ordinances in 1994.
2. The variance is necessary for completion of the previously approved and permitted home
which was substantially higher than the proposed plan. This is a substantial property right and
preservation of the existing ocean view to any property is vecy valuable. Other properties in the
area have similar elevation due to the slope to the property which was taken fiom this property
by condemnation previously. HstoricaIly the city has allowed projects with ongoing
improvements during code revisions to retain their previously existing dimensions and this
applicant has reduced all unessential elements in an attempt to conform as close as possible to
the new ordinances. The driveway uses so much of the open space, expansion of the footprint
further is not feasible.
The granting of the 1997 permit for the most recently compieted three story stair tower, which is
the tallest portion of the proposed remodel, clearly led the applicant to believe the balance of
submitted plans would be permitted. At this time denial of the variance for the existing three
story building and its previously approved architectwal design would have a significantly
negative aesthetic and financial impact on the property owner, who has invested approximately
$1 OO,OOO in actual imprivements.
3. The plans are clearly beneficial to the surrounding neighbon who have expressed their
I- ..
approval of the renovation performed thus fk. Several neighbors have been waiting to build on
their properties for the applicant to complete my remodel thus increasing their property values.
The proposed expansion of the building is no taller than the existing building. The third story
expansion is done within the existing buildmg height and goes out from the building in a
westerly direction which would have no additional impact on the adjacent neighbors ocean view.
The proposed property is clearly more aesthetically pleasing than the existing structure. It was
not necessarily the intent of the 1994 Building Height revision to be retroactive to existing
buildings. No notice was ever given to this property owner during the ordinance review process
and the ordinance clearly would apply to very few existing three story residential buildings in
CarlSbad.
4. This variance conforms to the General Plan in that the proposed expansion and renovation
would significantly aesthetically improve the existing structure and the final result would be a
Victorian themed residence conforming to the height limits of the cmnt zoning regulations.
ACCOUNT NO.