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Home My WebLink About1973-06-12; City Council; 2060; Nooncaster encroachment permit - 2363 JeffersonTHE CITY OF CARLSPAD, CALIFORNIA fi?> 3 2- - -* Referred To: Subject : Submitted By: . 1. Encroachment permit - 2363 Jefferson St. 2. Street vacation- Jefferson- West of 1-5 Applicant - Clifton F. Nooncaster ?ubl ic Works Director -. Statement of the Matter 1. Mr. Clifton Nooncaster has requested that he be allowed to construct 2 garages on a portion of Jeffenson St. not currently being used for traffic purposes. The site "iri question is within the west approach to the old Jefferson Bridge over 1-5 which was removed as part of the freeway construction. It is not currently needed for street purposes but should be returned for use in the event that Jefferson St. is widened in the future. The relationship between the right of way and the existing street is shown on attached Exhibit I and II. The encroach- ment permit is a condition of Planning Commission Variance Case No. 226, 'as approved on May 22, 1973. (See Exhibit 111). 2. A related matter is a request by Mr. Richard E. Geyer for the partial street vacation of that portion of Jefferson St. from West of 1-5 to Las Flores Drive (See letter, Exhibit IV.) A portion of this right of way is presently not being used for public street purposes, however, it .will be needed in the future if the Jefferson St. freeway bridge is widened to accomodate 4 lanes of traffic. (See Exhibit V) The-City should not consider vacation of this R/W for private purposes. Exhibit I Vicinity Sketch I I Locati-on Sketc) of Improvements IV Letter - R. E. Geyer- Jefferson St. Vacation 111 Variance Case No. 226 V Jefferson St. Vacation Sketch Staff Recommendations 1. That Council adopt a motion approving the issuance of an encroachment permit for the constructioh of 2 garages within public right-of-way at 2363 Jefferson St. subject to the approva.1 of the City Engineer and City Attorney regarding details of construction and subsequent removal of improvements by the owner at his expense at such time as the right-of-way is needed for public purposes. The City shall also be named as additional insured in the owner's 2. The Council adopt a motion disapproving the request.by Mr. R.E. Geyer liability insurance. regarding the partial street vacation of Jefferson St. at this time, for the reasons stated above. , -AB No. .. . . . .. .. ,. .. . .. h 0. - .. .. I- City Nanager's Recommendation . . Concur. e. . .r . .. .. Council' Action 6-12-73 . By motion- of the City'Council-, approval was given the'request ' for an Encroachmen-t Permit at. ?363 Jefferson St. ,-subject to certain conditions (Item #1 under Statment of Matter) and Further: By motion, &otdnc.iI; daojed $Be 'regues4 of Rich@rd<.&v.?Geye.r- *. for partial street vacatron of that portion"of Jeffergon St. from West 115 to Las Flores Drive (Item, #2 under Statemknt of the Matter), as recommended by the staff, I . .. . *. .. .. . i b-' ClTY OF CARLSBAD PLANNING D€PT R- A REQUEST FOR APPUOVAL. OF VARIANCE 226 REQUESTED BY CLIFTON F NOUNCASTEU MAY. 22, 1973 -. 1 CITY OF CARLSSAD P LA" I NG DEPARTMENT ' ANALYSIS FOR MAY 22, 1973 TO: PLANNING COMMISSION SUBJECT: VARIANCE CASE NO. 226 - CLIFTON NOONCASTER DESCRIPTION OF APPLICATION: The applicant, Clifton Nooncaster, is requesting approval of a Variance to reduce the required sideyards of his lot from 6.9 ft. to 5 ft. Said lot is generally located west of Jefferson Street and southwest of 1-5. This request is a revision of the original application. DESCRIPTION OF PROJECT: The proposed development consists of a duplex unit on .16 acres. two residences. quite steeply down to the Buena Vista Lagoon. The applicant proposes to build the south wall of Unit #1 and corresponding garage within 5 ft. of the south property line. applicant's south property line. This proposal will also require an encroachment permit in order to build the garages approximately 12 ft. into the old Jefferson Street right-of-way. The neighbor to the south has already received an identical encroachment permit. There are two 2-car garages in the front of the lot attached to the The lot is an irregular shape and slopes from Jefferson Street The adjoining neighbor has constructed a garage within 6 inches of the DESCRIPTION OF PROPERTY: located when the overpass over 1-5 was completed. This relocation created The right-of-way of Jefferson Street was recently re- approximately 80 ft. of easement between the applicant's property and the new alignment of Jefferson Street. into the property to the south. This is the last cut that will be allowed before the overpass bridge, and will serve the existing house, the applicant's proposal, and the lot to the north (2373, 2363 and 2357 Jefferson Street, respectively). There will be more than sufficient area in this easement for cars to back around and exit the site head-first. There is a curb cut and driveway presently going ZONING AND GENERAL PLAN: 1. Zoning: Existing: R-3 ProDosed: R-3 Adjacent: R-3 2. Resi.dentia1" (22-47 d.u./acre). General Plan: The General Plan designates thi.s area as "Medium-Density The applicant is proposing 12.5 d.u./acre. ENVIRONMENTAL IMPACT CONSIDERATIONS: Variances that allow reductions in sideyard are categorically exempted from the requirements of the City of Carlsbad Environmental Protection Ordinance of 1972 (10.04.090 C.4 (i). This matter is within Coastal Commission permit area and will require their approval. RECOMMENDATION: reasons : Staff recommends approval of this variance for the following 1. substantial property right possessed by other property in the same vicinity and zone. The variance is necessary for the preservation and enjoyment of a 2. 3. The granting of the variance will not be materially detrimental to Similar variances have been granted to the adjoining properties. the pub1 ic welfare or injurious to the surrounding properties. ' CONDITIONS OF APPROVAL: 1. No structural encroachment, including roof overhang, shall be allowed in any portion of the 5 ft. side yards. 2. the issuance of building permits. The applicant shall obtain an encroachment permit from the City prior to 3. Jefferson Street. The driveway shall be designed to allow cars to back up and head out onto 4. The variance is granted for the land described'in the application and any attachments thereto, and as shown on the plot plan submitted labeled Exhibit "A". 5. of approval. 6. approval, the applicant shall file with the Secretary of the Planning Commission, written acceptance of the conditions stated herein. This variance will expire if not exercised, within one year from the date Prior to obtaining building permits and within 30 days of the date of 7. area in a manner acceptable to the City Fire Chief. The Fire Dept. may require that clear access be provided in the side yard Respectfully submitted, Assistant Plank&' R. E. GEYER REAL ESTATE, INC. Suite 101, Geyer Building 690 ELM AVENUE CARLSBAD, CALIFORNIA 92008 AREA CODE 714 PHONE - 729-4944 City Council City of Carlsbad Carlsbad, CA 9 May 22, 1973 Re: Vacation of Real Property I request that you initiate the necessary action to vacate the excess portion of Jefferson Street on the East side of 1-5, which was created by the Jefferson Street realignment. The old pavement has been removed form this area. traffic. It is unused except for the normal pedestrian I would agree to a condition that concrete side- walks be installed at my expense. Thank you for your consideration in the above matter. Very truly yours , ~.LL,crAe. G,, Richard E. Geyer R G/ am I .-\ i \ \ A .. I. .. ,,' .., . ..... .. i :\. I' ..... !. I i Q z P N I! EXHIBIT V 1