HomeMy WebLinkAbout1973-07-03; City Council; 2075; Appeal Conditions of Approval for Tentative Map/ * THP CITY OF CARLSBAD, CALIFORNIA 91 ^_/*- *?
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"Agenda Bill NO. ,^3yp ^^ Date July 3, 1973
Referred To:
'Subject:Submitted By:
Proposed parcel split No. 195 (Krepps) Public Works Director
Appeal of Engineering Dept. conditions of
approval for Tentative Map ;
Statement of the Matter
This is an appeal to City Council, in accordance with Municipal Code
20.20.080, of Engineering Dept. requirements.
Applicant disagrees in general with the following conditions outlined
in the Engineering Dept. letter approving the tentative map (City
Engineer's letter of March 21, 1973- See Exhibit "A".
see attachment
Exhibit
"A" Applicant's letter to Council dated May 14, 1973 protesting conditions
of Public Works Dept.
""B" Engineering Dept. letter of Mar. 21, 1973, listing conditions of approval
of tentative map.
"C" Copy of Tentative Map (revised)
"D" Tamarack Ave. proposed alignment.
Staff Recommendations
Adopt a motion to deny the appeal of conditions of approvelafor Parcel
Split #195 and to confirm the requirements for Parcel Map approval as
per City of Carlsbad letter dated March 21, 1973 (Exhibit A).
BEST
COPY
AS No. - ' . Date: July 3, 1973
City Manager's Recommendation
Concur. . '"
Council'Action . ' •.• •....-.- . • !— — ,,-n -i. n.i. .11 _ ..,„. ... _
- 7-3-73 It-was agreed that. Cmri. Chase* the City Engineer and representatives'
'for the applicant meet to discuss this mat'ter, and. that the matter
be brought back to the Council at the next regular meeting.
7-17-73 Mayor Dunne requested the City Engineer, City Attorney and Mr. Krepps
meet and discuss .this matter further, and return' to the Council with
. a'more desirable plan.
M-7--73 Letter'dated'October 10, 1973 from Harry L. Krepps "stating he had.
. sold the property at 4.11, 421 and 43T .Tara'arack Avenue and that
• he would li ke 'to appeal removed from the agenda. The Council
acknowledged receipt of the letter from Mr. Krepps.
Tamarack Averms
Carlsbad California
729
14 Kay 1973
jusiujjeaao *
City Council
City of Carlsbad C/J,. 0
City Kail tlOl 8
Carlsbad California
Gentlemen t
Subject: Appeal of the conditions of approval of Lot Split $ 195 —
a Boundary Adjustment on three parcels on the south side of
Tamarack Avenue immediately east of the railroad tracks
I have been processing this boundary adjustment through the city since the early
part of the year. Basically the adjustment, consists of re-arranging the boundaries
of three long, narrow lots to provide for compact lots around the two existing
dwellings to the wast and a larger lot to the south consolidating the remaining areas.
In a letter dated March 21, 1973 the City Engineer requested that six conditions
be met before the boundary adjustment could be approved;, I find five of those
conditions to be unnecessary or unduly oppressive. (The last one is acceptable)
I do not agree that I should bear the whole burden of widening Tamarack Avenue
in front of my property. I think that the burden should be assumed by the parties
to the north as well as by myself. Therefore I suggest that the boundary adjustment
be conditioned on the following —•
1« Thore will be an offer of dedication for a roadway 51 feet wide from the
present. •'• ~y~-g: rllne a
2«e There will be an agreement to improve the street in the future — said
improvements to consist of sidewalk, curb and gutter, and paving an additional
amount necessary to provide 20 feet of paving from the present centerline. The
city would ;pay for the paving from 20 feet from tho conterline to the curb line.
(this voulc .;:ot be rcproressive since the money would be gas tax money anyway)
'\ Che layout of the lots will be such that there will be 7500 square feet in
the icti — in each of them — when the street is widened to the ultimate width. The
City v.c.11 rat forth the location of tha edge of the ultimate width.
-* This house on the most easterly parcel will be removed when the property
C±L . ,-i -cnrough the offer of dedication noted above in Item #1 is accepted by the
ci i. ..• - • .
I pr--;-.-ri, taose conditions for your consideration since they vail allow me to
eitVicjr .: :;u,;y the houses, or to sell th;y;n, or to refinance them without loss of
valua to -^h-5 houses. Further they wil" allow you to widen Tamarack to 51 feet on
the couL.ariy side. If you wish to widen the street more on the southerly side then
you should pay for the land and.for the loss in the value of the buildings which I
would suffer.
EXHIBIT "A"
o
City Council
411 Tamarack Avenue
Carlsbad California
729 2491
14 May 1973
juauiyedaa jo ALIO
Carlsbad California
Sentlenen,
Subject: Appeal of the conditions of approval of Lot Split # 195 —
a Boundary Adjustment on three parcels on the south side of
Tamarack Avenue iirar.odiately east of the railroad tracks
I have been processing this boundary adjustment through the city since the early
part of the year. Basically the adjustment consists of re-arranging the boundaries
of three long, narrow lots to provide for compact lots around the two existing
dwellings to the west and a larger lot to the south consolidating the remaining areas*
In a letter dated March 21, 1973 the City Engineer requested that six conditions
be met before the boundary adjustment could bs approved,, I find five of those
conditions to be unnecessary or unduly oppressive. (The last one is acceptable)
I do not agree that I should bear the wholo burden of widening Tamarack Avenue
in front of my property. I think that the burden should be assumed by the parties
to the north as well as by myself. Therefore I suggest that the boundary adjustment
be conditioned on the following — . •.
1« Thore will be an offer of dedication for a roadway 51 feet wide from the
pregent ^nT.
2.. There will be an agreement to improve the street in the future — said
improvements to consist of sidewalk, curb and gutter, and paving an additional
amount necessary to provide 20 feet of paving from the present centerline. The
city would piy for the paving from 20 feet from the conterline to the curb line.
(this would ;iot be repressive since the money would be gas tax money anyway)
> ?he layout of the lots will be such that there will be 7500 square feet in
the leti — in each of them — when the street is widened to the ultimate width. The
City vrill ret forth the location of the edge of the ultimate width.
-* Th-a house on the most easterly parcel will be removed when the property
of; ..-. -; -i -cnrough the offer of dedication noted above in Item #1 is accepted by the
ci >:..- - •
I pr--.;:.-rc, thase conditions for your consideration since they will allow me to
either o '.:;u.v/ the houses, or to sell the, ,n, or to refinance them without loss of
val.ua to \;h.j houses. Further they wil" allow you to widen Tamarack to 51 feet on
the! soutAorly side. If you wish to triden the street more on the southerly side then
you should pay for the land and. for the loss in the value of the buildings which I
would suffer.
EXHIBIT "A"
Itr to City Council, Carlsbad re* Tamarack Avenue Boundary Adjustment
May lb, 1973
Page 2
I would appreciate your considering this request for a boundary adjustment in the
near future since I have a buyer for tho two trestorly houses and he wants to buy
only tho area necessary to surround the houses properly*
I wish to thank you for your consideration of this request.
Sincerely yours,
KRSPPSV
Copy to MCNNICH
HALL
March 21, 1973
Hr. Harry Kreps
b}\ Tamarack Ave.
Carlsbad, CA 92008
Subject:; Proposed Parcel Split No. 195
Dear Mr. Kreps:
The tentative map of subject parcel split is hereby approvsd by
this Department subject to the following conditions:
t) Offer of dedication be made to the City of Carl'jbad for shaded
area as shown on copy of the tentative map labeled Exhibit "A1.1.
on file in the Carlsbad City Engineer's office. Said offer
to include the rel inqulshrnent of access rights to Tamarack Ave.
of Parcels 2 & 3 at such time as offer of dedication is accepted
by City.
A Future Agreement to install full street improvements on the
Tamarack Ave. frontage is required . Paving to be limited to
jm. in wjdth. ———
3) -Execute a bonded agreement to remove existing structures on
Parcel No. 1 when either:
a) Dedication is accepted and street is widened, or
b) Parcel No. 1 is sold.
k) Execute agreement to provide access easement to Taaarack Ave.
across Parcel 1 for parcels 2 B- 3 when dedication is accepted and
street is widened.
Adjust lot lines of parcels as-shown by blue lines on Exhibit
"A". Each parcel to contain a minimum of 7500 sq. ft. excluding
areas offered for dedication.
Tentative map approval to expire 1 year from date of this letter
if map Is not recorded.
Very truly
"ORIGINAL SIGNED Itf
HUNTER Ta COOK"" '
HUNTER T. COOK
City Engineer
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October 10, 1973
City of Carlsbad- xf
Mr. Tim Flanagao/C <£*
Principal Civil Engineer
I would like to inform you that I have sold the
property at 411, 421, and 431 Tamarack. Therefore
would you please remove the appeal of conditions for
parcel split #195 covering the above listed property.
I would like to thank you ^or your efforts and would
also like to express my thanks to Mr. Lilly the acting
City Manager, the City Council members and the other
members of the city staff who gave of their time and
effort to help solve a somewhat knotty problem. Every
one who took part was very courteous and miast anxious
to give whatever help they could. With most kindest
regards from both Mrs. Krepps and myself , I remain.
RECEIVED caristad>
OCT1215B 92008
CARLSBAD
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