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HomeMy WebLinkAbout1976-12-07; City Council; 4027; Gendusa Lot SplitCITY OF CARLSBAD AGENDA BILL NO. *f ££7 Initial: *Dept.Hd.DATE- December 7, 1976 C. Atty. DEPARTMENT: Public Works C. Mgr. Subject: GENDUSA LOT SPLIT - (APPEAL) Statement of the Matter In 1969 Mr. Gendusa applied for and completed the preliminary steps leading to lot split for property on Magnolia between Adams and Highland. All work on the map appeared to have been completed except securing the necessary signatures, payment of fees, and filing the map. It appears that Mr. Gendusa was under the impression that the variance and associated file of lot split map could be done at any'time. Because of the time lapse, we could not be certain as to what statements were made but in conversation with Mr. Gendusa, it is our opinion that the confusion is due to a misinterpretation of an earlier conversation. In order to complete the action under current state law and ordinance, Mr. Gendusa would have to re-file a minor subdivision which involves additional private engineering costs as well as a new application to the city. Mr. Gendusa is requesting a relief on the basis of his misunderstanding of the situation. EXHIBITS A. Mr. Gendusa1s letter dated November 1, 1976. B. Staff memo RECOMMENDATION .111 -" ' "•- City Council'deny Mr. Gendusa's request. Council action 12-7-76 The matter was withdrawn from the agenda. November 1, 1976 Members of the City Council 1200 Elm Carlsbad, Ca 92008 Dear Mayor and City Council Members: I need your helr>. So not to ao through more exnense now than I have to. Enclosed is a copy of Resolution No. 623, aranting a variance, dated May 28, 1969. that you sent to me, signed by Robert A. Johnston, City Planner. I was told then and now that the variance is always good; also, that Lot survey and oriainal map, which you still have in your office file, would be valid for anv time I wanted to build or record the lot. Your City Planner demanded it at that time, which cost me approximately $300.00. I had a contract with Chris Arp Construction Comoanv in May, 1969, to build a family residence. However, after the variance was aranted, this contractor keot adding many items and and work, which I agreed to in part, but would not sign a closed contract as my bank demanded to get all they promised. So it came to a point where they refunded the binder deposit and refused to build in accordance with bank demand.. I was at vour Planning and Engineering Department and ex- plained the above about building, and was told that since I have the variance. the survev and maps, thev are always good and at anv time I was ready to record the lot or build, to just come in and it will be taken care of. Now, I spoke to Mr. Daniel C. Groth, P. E.. Enaineering Dept., and he stated that now I may have to aet a new tentative map which costs $176.00 and a final map which, may cost another $100.00. At that time, the fee was $5.00 for recordina. I feel that is all I should be charged. Since the maps vour office reauested at the time it was sub- mitted cost me approximately $300.00. I don't know why you cannot blank them in now as you would have then, as I was in- formed that it was alwavs good until I was ready to record the lot or build.. If I was misinformed throuah your office or department, it was no fault on my part, therefore your office should use the same maps to bring things to order. Page 2 I feel vour office should be responsible to bring the same mac I have up to date at no cost to me. I never was informed in anv wav as to any chancres at any time. I am willing to come in to speak to the Mavor and Citv Council and explain if necessary. I greatly appreciate vour immediate attention to this matter. It is verv important to me. Yours trulv, Sam Gendusa 1149 Macrnolia Ave Carlsbad, CA 729-3038 Enclosed Variance Approval (copy) Map (copy) original in your files 1UO PI* Pfe4 Driv» PLANNING DEPARTMENT (714) of Cartebab CARLSBAD. CALIFORNIA 920M May 28, 1969 Sam and Elizabeth A. Gendusa 11kS Magnolla Avenue Carlsbad, California 92008 h Dear Mr. and Mrs. Gendusa:* Enclosed, please find your copy of Resolution No. 623, granting a Variance reducing the required lot front- age from 60 to 20 feet, and thereby creating a "Panhandle" Lot on property located at 11^*9 Magnolia Avenue. The granting of this Variance Is subject to the conditions and limitations as stipulated and was a result of Planning Commission action at the meeting held May 27, 1969. Sincerely, Robert A City Plan RAJ:nl Attachment (1) cc: Mr. Fred Coleman Chris Arp Construction Co. 650 South Escondido Blvd. Escondido, California 92025 w/attachment * Jf ; - | • ^T FOUND X TIES ( 6 H L Uchc Ul J** DN M.H. RIM KX A r* Mm I A A\/r M i ir FOUND TIES., ,Jv1A.oN(JLI A / AVLNUL MONUMEN^ N 61*21 E „ 237.62 ^ ^^ , ^ ^"^OL_ ^ JT " "a \lf 156-62' T^T^" *, 81.00' ^ --^d3i* . N6l*2rE nf 207.62' 8 ' >« ° 30* JJ * • ) CO <D 0. 2 "co . (VI ^Utr oop ^*r <VJ •~ m •4; i <J^ ^3T i( ^$ ^ i ^ Y126-62' / Xooo> q- (VJ ' * UJ \ — . fO "eo (VI to \ \ 1 ^^^ji ^\ /7 61.00' 2QOO »oo§ s ^o b>O <*) 6 ,f) 00 — (V| PARCEL w A 7^930 SQ.FT. 61.00* N 6l°2l'E PARCEL B<O.en- ||,913 SQ.FT- 1 t ' W4 • 81.00' V ** V coen *J (VJ / / *c // ^^Vy A /^ * V 7*^o- // 7 if u ^ n o00 (VJ V) / THUivl H6r2l'E "-.ANDS THACT MAP 24 J J8BJ JL»_ FOUND X TIES ON MH. RIM LEGEN D INT- OF ADAMS ATAMARACK 0=SET 1/2 X BASIS OF BEARINGS STAMPED . - t 10* STEEL BAR R-CE. 6404 THE BEARING N6l*2l'EAS .^FOUND POINTS AS NOTED , SHOWN FOR G_ OF MAGNOLIA ! PER MAP 1681 WAS USED AS ©»SET P.K. NAILS ON CENTER BASIS OF BEARING- LINE OF MAGNOLIA ST. LOT SPLIT MAP - REQUESTED BYi PREPARED BYj R.CE. MR4WRSSAM GCNDUSA R. L . FEFFER MAN 6404 1 4 9 MAGNOLIA AVE. K.L.5. or R.C.E. KtC. NO. CARLSBAD, CALIF P.O.BOX 7«3 ' PH.7S6-II07 RANCHO SANTA FE_, CA . CITY OF CARLSBAD NO. 72 APPROVED BY: / DRAWING REFERENCE 1 STREETi CITY ENGINEER REG. NO. SEWER: WATER; DATE REC. NO. 7.yC-l/o 7 MEMORANDUM NOVEMBER 24, 1976 TO: CITY MANAGER FROM: PUBLIC WORKS ADMINISTRATOR SUBJECT: Mr. Gendusa's Request to Approve a Minor Subdivision Submitted Under a Repealed Ordinance In 1969 Mr. Gendusa applied for, and was granted, a variance (P.C. resolution #623) providing for a panhandle lot on Magnolia between Highland and Adams. The variance was granted subject to several functional zoning and engineering conditions and was subject to payment of Park-in-lieu fees and submittal of an approved lot split and grading plan. To the best of our knowledge no park-in-lieu fees were paid, no grading plan was submitted and/or approved and a lot split map, though prepared, was never signed or filed. Therefore it can be held that the lot split and variance were not completed. It can be held that, subject to completion of the conditions, the variance could still be determined to be valid. Fulfillment of the conditions would be subject to payment of current fees and the filing of a minor subdivision (M.S.) map since the ordinances which provide for lot splits are no longer in force. While Mr. Gendusa may have been told that the variance and parcel map would be good indefinitely, this was never stated officially and in any event would be valid only as long as the specific ordinances were in effect. The only way the conditions of an old ordinance can be carried over when a new ordinance is in effect is by a specific legislative act of the council (e.g. the grandfather clause in the sewer connection fee ordinance). Since this was not done in the case of the lot split ordinance changes to a minor subdivision ordinance, any current act to subdivide property must be by current state and local law. This appears to be especially applicable in this instance where the decision not to file a lot split map was made by the applicant and no attempt to reactivate the project was made for a period of seven years. RECOMMENDATION Mr. Gendusa's request for relief be denied by council. //^"/ .-..•<-':•'' •:>•?, <7 Ronald A. Beckman Public Works Administrator RAB/wv