No preview available
HomeMy WebLinkAboutV 98-04; De Jong Property; Variance (V) (2)81/88/1996 22: 28 7684386981 HENTHORN PAGE 82 Jack Henthorn & Associatea 5375 Avenidu Enn’nas, Suite D Carlsbad, CaIi$mia 92008 Fax (760) 438-0982 (760) 438-4090 January 7,1999 City of CwJsbad Planning 2075 Las CarIsbad, Subject: Dear Don: A plannhg v~ance (V98-02) was submitted on the de Jong project in August of 1998 to be processed concurrent With the other project applicationsi This variance request is to allow the necessary extension of the panhandle podorl, of tots 27 and 28 to provide access to the developable area on the other side of the 100 ft. wide Sb&E major transmission easement, The horizontal and vertical alignment of the access portions of these lots has been pre-established by the adjacent Black Rail Road alignmeat and location and width of the SDG&P, eascsntent. This situation also provides the criteria for approval of the panhandle or flag-shaped lot configuraaon pursuant to Carlsbad Municipal Code 2 1-1 O.OSO(b). The R-1 criteria for panhandles (Municipal Code Section 21,10,080, #4, under Lot Width) requires that the panhandle portion of the lots not exceed 200 feet. The text speeifically reads: “The length of the portion ofthe 1~2 fronting on a public street or publicly dedicated easement afforded access to the buildable lot shall not be greater && me hundred fifty feet for a single lot or two hundred feet when two such lots axe adjoining” This criteria must be exceeded in this specific case to access the developable portion of the site. All of the ather panhandle lot critda identified in the code is satisfied in the design of the lots (Le. minimum width for access portions of each lot at 25’ when adjacent to another such lot, resulting in a 30’ wide access area within a 40’ wide dedicated easement). de Song Pmject, CT 9&05, V 98-02 ed ~GCCZIS portion of the two panhandle lots is currently a flat, previously disturbed agricuhm area’ with no native vegetation. The adjacent are8 to the north is heavily constrained by steep slopes and native habitats (Cobblestonehfarbrisa project, Palomar Oaks Busidess Park, etc.), therefore, providing additional width to the flag portion of the lots could increase project environmental impacts offsite and krther restrict SDG&E access and potential use of their existing transmission easement. Certain facts mwt be found to exist if a variance is to be apptoved. The requested variance to access Lots 27 and 28 in the de Jong project meets these criteria as follows: 1. Expiuin why &re are exceptional or extraordmary circumstances or conditions applicable to the proper@ or to the intended me that do not apply generally to the other proper@ or class of we in the same vicini@ andme: . The extraordinary condition is created by the horizontal and vertical elevations previousiy set by the public street, Black Rail Rd, from which the proposed lots obtain access. This condition is exacerbated by the -1- lh- -- HENTHORN PAGE a3 diagonal alignment of the I00 ft. wide SDGBtE easement which isolates the portion of the site that contains unoonstrained, developable area. The diagonal angle of the SDG&E easement off of Black Rail Road results in the necessity to extend the access portion of the lots an additional 140 ft. to avoid the easement mea. The provision of a public hillside street to access the two lots would result in greater encroachment and possible impacts to the SDG&E easement, native biological habitat, steep slope areas, and coastal identified “dual criteria slopes”. 2. &pkiin why such variance is necessary fir the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to thhs proper@ in question: The land east of the SDG&E easement is not constrained land and historic access to the site has been taken in the manner proposed in the project design. The proposed flag lot configurations result in the least impacting form of access to the two proposed private lots. 3. Expluin why the granring of such variance will noi be materially detrimental to the pubiic welfare or injurious to the property or improvements m such vicinity and zone m which the property is located: The wanting of such variance rtsults in a preferred condition to access a developable portion of the property, while maintaining the cumnt grades set by the construction of Black Rail Road by adjacent development and minimizing impacts of development to the existing SDG&E major transmission easement, native biological habitats, and steep natural slopes. To ensure public safkty, the project proposes to provide a fire hydrant at the end of the access portions of the lots, as well as. fire suppression setbacks or urban-wifdland interface “ignition-resistant construction” for the units, consbtent with City guidelines. 4. Explain why the grantmg of such variance will not adversely q@ct the comprehensive general plan: The granting of the variance, to allow the access driveway for tik’o proposed single Wily residential Ids to be extended from 200 feet to a minimum length of 215 ft. with a maximum of 300 ft., would not in any way adversely effect the City’s goals or objectives estabtished by the comprehensive general plan. For example: rio Circulation Element roadways will be affected; proposed development is in conformance with onsite Land Use Element designations; and, the design would not result in any impacts to the land use designations of surrounding properties, - If you need aiy additional information with regard to the variance request, do not hesitate to call. Thank you. Sincerely, lzQL--+ Melissa K. Allen cc: File Clyde Wickham, City of Carlsbad, Engineering Pepartment David Shibley, David R. Shibley & Associates Arie de Jon& Arie de Jong Family Trust C\”WORMDeJongU,e~n\T)bn Vsrtanm Fidm~s.doo -2- HENTHORN PAGE 04 PANHANDLE LOT - VARIANCE JUSTIFICATION A variance is requested for pan-handle lots 27 and 28 to comply with R1 zoning requirements. The variance Is necessary due to a unique condition of a non-constrained development area separated from the rest of the developable site area by the 100’ wide San Diego Gas & Electric (SDGE) easement. The SDGE easement forces the lots to have long narrow access driveways which do not meet the 35’ width criteria at the point 200 ft. into the lot. The lots satisfy all other pan harldk 107 conditions, including buildable area and lot oonfiguratian. The panhandle or flag-shaped lot configuration can be approved pursuant to Carlsbad Municipal Code section 2 1.10.080( b) in that 1) The property cannot be served adequately with a public street without panhandle lots due to unfavorable conditions resulting from unusual surrounding land conditions. The access width must be minimized to reduce potential impacts to the rights inherent in the 100’ wide SDGE easement that must t?e crossed; and, 2) These panhandle lots will not preclude or adversely affect the ability to provide full public street access to other properties within the same block of the subject property as the other lots to the south will obtain access via Black Rail Road. A 100-foot wide San Diego Gas and Electric ac.w and utilities easement diagondy bisects the developabk! partlon of the property. In order to dear the SDGE easement, the length of the panhandle or “access” portion of the two adjoining lots must exceed the 200-foot limit to the point at which the lots widen to 35 feet. Pursuant to Muntcipal Code section 21.10.080(d) the following panhandle lot requirements are satisfied. The required minimum frontage width of Is’ for each of the adjoining access portions of the two lots is achieved. A joint easement will be recorded over both access portions of the lab, thus providing a 40-fOOt wide common access. A 20-foot wide improved driveway will be provided within the access portion of the lot to serve the two homes. The design of the buildable portion of the lot (the enure area exclusive of any portbn of the lot less man thirty-fwe feet in width that is used for access to the lot) satisfies the requlrement that the area not be less than 8,000 square feet, pursuant to the Municipal Code sections 21.10.080(c)&(d)(l). The following variance findings can be made as addressed below: (f) That there are exceptional or extraordinary circumstances of canditiorrs applicable to the pmperfy or to th@ intended us8 that do not apply generally to the other property or dass of use in the same vicinity and zone; (2) That such variance is nacessefy 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 questian; (3) That the gr”dif)Q of such variance will not be materially detriments/ to the pubk welfare or ln]urious to the pmperty or Improvements in such vicinity and zone in which the property i$ /&cared. (4) That the granting of such variance will not aeersely affect the comprehensive generel plan, or in the coastal zone, that the granting of such a vadance is consistent with and implements the requirements of the cerfified local coastal pragrarn and that the granting of such variance does not reduce or in any manner adversely affect the mquimmenfs lo pmtect coastal sources as specified in the zones included in this title and that the variance implements the purposes of zones adopted as imp/eementa?lon of the local coastal program land u&e plan. A 100-foot wlds San Oiego Gas and Electric access and utilities easement diagonally bisects the developable portion of the property. The variance is required to access the developable portion of the lot on ~e eastern side of the SDGE easement. This condition does not affect other residential properties in the vicinity. The buildable areas of the lots In consideration are fully developable. The variance is only necessary for the access portions of the lots due to the distance across the angled width of the intersecting SDGE easement. The granting of this variance will not detrimentally affect the public welfare, property or improvements in the vicinity. A 40-foot wide joint use agreement for common access will be executed by SDGE and the owner of the subject property. 0 The granting of this variance will not adversely affect the goals and policies of the City’s generai plan, the purposes of zonas purSuant b the local coastal program land use plan, the requirements of the local coastal program, nor related coastal resources.