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HomeMy WebLinkAbout1977-06-07; City Council; 5092; Request Waiver Public Improvement Ordinance at 4448 Highland Drive Owners Sam & Martha GuardamondoCITY OF CARLSBAD AGENDA BILL NO. DATE: June 7, 1977 DEPARTMENT: ✓ Public Works ,14 l Initial: Dept.Hd. _ C . Atty. ._ C. Mgr.• Subject: REQUEST FOR WAIVER OF PUBLIC IMPROVEMENT ORDINANCE AT 4448 HIGHLAND DRIVE, OWNERS - SAM AND MARTHA GUARDAMONDO Statement of the Matter See attached Staff Report Exhibits 1. Staff Report 2. Site Plan Recommendation That Council deny the request for waiver of application of the provisions of. Section 18.40 of the Municipal Code. Council action 6-7-77 The request for waiver of application of the provisions of Section 18.40 of the P9unicip4l'Code was denied. .f _� t K MEMORANDUM TO: City Manager FROM: Public Works Administrator DATE: June 2, 1977 SUBJECT: Request for Waiver of Public Improvement Ordinance - Guardamondo Sam and Martha Guardamondo propose to build a residence at 4448 Highland, currently a vacant lot. Since their plan would locate the structure within twelve (12) feet of the front property line rather than the twenty (20) feet required by code, they submitted a request for variance (#V-265 - application attached). The parcel of land in question was the result of a 1960 lot split which followed a variance in the minimum lot size, 10,692 square feet versus the 15,000 square feet required in the zone (R-1-15). It is located near the sharp curve on Highland prior to its in- tersection with Adams Street. The lot has a pad elevation approximatel ten (10) feet above the street and its front slope encroaches into the fifty (50foot exist- ing right of way by approximately eight (8) feet. The Guardamondos' request for variance was, upon recommendation by staff, approved by the Planning Commission subject to conditions which included dedication of five (5) feet along Highland, a future agreement for public improvements and regrading and/or a retaining wall along the Highland frontage. When applying for a building permit (application was submitted prior to the April 19, 1977 moratorium deadline), the provisions of Section 18.40 of the Municipal Code (Public Improvement Ordinance) were applied. The public improvements required were the same as those required under the variance. On May 26, 1977 the City received a letter, with appropriate fee, from Mr. W. N. Sauer, Jr., representing the Guardamondos, requesting a waiver of the application of Section 18.40. His reason for request was stated as being that the street is wide enough and that the waiver would not perpetuate a hazard. These are the find- ings that must be made in order for Council to grant a waiver. Discussion The slope on the subject property encroaches into the City's present right of way by up to eight (8) feet. The Guardamondos would have to regrade and/or construct a retaining wall in order to allow the City the full use of existing rights of way, Should this not be done, when the City needs to use the right of way for construc- tion, it would have to regrade and/or construct the retaining wall at its own ex- pense in order to protect the Guardamondos' home which is twelve (12) feet behind the present property line and ten (10) feet higher than the street. The granting of the five (5) foot widening requested would allow the slope and/or retaining wall to be in the proper location and would not interfere with any project which may be needed to help improve driving conditions at this sharp curve in Highland. The additional width could also provide a graded shoulder for emergency and on -street parking. Memo to City Manager -2- June 2, 1977 The Guardamondos now claim that, because of the location of adjacent buildings, no variance is needed. While not an issue at this time, this claim has not been veri- fied by the City and, in any event, would not eliminate the need for grading, dedi- cation and a future agreement. If Council allows the waiver of applying the Public Improvement Ordinance, the Guardamondos would still have to seek relief from the conditions of the variance that was granted. It is staff's opinion that the necessary finding, to allow a waiver under Section 18.40.100 of the Municipal Code, does not exist. Recommendation That Council deny the request for waiver of application of the provisions of Section 18.40 of the Municipal Code. Ronald A. Beckman, P.E. Public Works Administrator RAB:veb Attachments: Letter from Mr. Sauer dated May 26, 1977 Application for Variance Planning Staff Report Planning Commission Resolution No. 1288 0 SWIRSKY 8 SAUER PAUL S. SWIRSKY ATTORNEYS AT LAW WILLIAM N. SAUER 2965 ROOSEVELT, SUITE H THOMAS L. SAUER CARLSBAD, CALIFORNIA 92008 TELEPHONE (714) 729.1197 May 26, 1977 City Council City of Carlsbad 1200 Elm Avenue Carlsbad, California Ladies and Gentlemen: MAILING ADDRESS POST OFFICE BOX II85 Ar -'---y y 19" 0 a eR Gn The undersigned represents Sam Guardamondo and Martha Guardamondo, whose address is 14B Cl.ub .Vista Lane, San Luis Rey Downs, California. Mr. and Mrs. Guardamondo have submitted building plans for a sig9le family residence to be located at A448 Highland Drive, Carlsbad. It is my understanding that the proposed plans have been approved by 'the Building and Planning Departments of the City of Carlsbad. It is my further understanding that the City Engineer's office has approved the plans, subject to requiring the Guardamondos to do the following: 1. Offer a dedication to the City of Carlsbad of 5 feet of property immediately adjoining the right of way in Highland Drive. 2. Submit a grading plan. 3. Executea future street improvement agreement with the City of Carlsbad. This dedication and improvements are being required pursuant to Section 18.40 et seq. of the Carlsbad Municipal Code. Section 18.40.100 provides that upon payment of a fee of $25.00 and a written application, the City Council may.by resolution waive or modify the above mentioned requirements. I am enclosing a check in the amount of $25.00, made payable to the City of Carlsbad. I am requesting that this matter be placed on the agdnda of the City Council for June 7, 1977. I would request permission to address the City Council at that time. K City Council City of Carlsbad Page ?, The reasons for request of waiver or modification of these requirements are as follows: 1.. Highland Drive, in the vicinity of the proposed Guardamondo residence, has already been improved to the maximum feasible and desirable state. 2. The granting of the waiver of modification will not perpetuate a hazardous or defective condition or be otherwise detrimental to the health, safety or welfare of the residents of the City. Please confirm with my office that this matter has been set on the Council Agenda for June 7, 1977. Very trLly yours, W. N. S ER, JR. r Encls. WNS:aem •� ' 7 { — 'It +, t REMITTANCE ADVICE, . _ _ - . 1222., J ' a .WILLIAM N. SAUER - F Attorney at Law 2965 ROOSEVELT 729-1197 1102 W' CARLSBAD, CALIFORNIA 92008 : — , PAY -TWENTY-FIVE AND NO/100---------- ---------- Dollars AMOUNT t' DAT< TO TN■ OIIDZw Ow ' as ? ' GENERAL ACCOUNT . s, CALIFORNIA FIRST BANK.'.- .. '.•� .. _ •, - a- -OCEANSIDE OFFICE OCEANSIDE, CA 92054 2 2 2��1 L 780�:. L 7 Lel16 20339112 ;, 07 Receipt No. APPLICATION NO. VARIANCE CITY OF CARLSBAD (Please Type or Print) Date: 1. REQUtST: Variance to # 21.10 0 0 - To construct s home with briefly explain and indicate section of a front yard of 12ft instead of 20ft. Zone Ordinance affec-ted 2. LOCATION: The subject property is generally located on the East side of Highland between Adams and Hoover (4448 Highland) 3. ASSESSOR'S NUMBER: Book 206 Page 192 Parcel 19 Book Page Parcel (If more, please list on bottom of this page). 4. -OWNER(S): Name Address City Zip Phone i a+.-T =Qla f T=ui s Rey � J -Martha--L.- Gus r-damondo-­Same -aa.abave----•--.---------_57: 5. PERSON/ RE' SPOi;S=BLE FO PR=PAnA-iDiN •,- iirCi--;T ION: •-------_�_�_ . s Name' Address City Zip Phone 6 Robert _Minkler- 174 T,emon Ave - Est,. - 7461-3658 APPLICANT'S SIGNATURE: I hereby declare that all information .ontained within this application is true 17 q, 5 JZJ N•a m e A-d d r e s s Z i 9 ev- 77.4 r 9 e-m 11 Representing (Company or Corporation) Relationship to Property Owner(s): The City of Carlsbad Planning Department would appreciate the .opportunity to.work with the applicant throughout the Planning Stages _ of the proposed development: In an effort to aid the applicant, the Planning Department requests that it be given an opportunity to .evaluate and discuss the application and plans prior to submittal. This request is not a requirement; however, it may avoid major re- drafting or revision of the plan which only serves to lengthen the processing time.. ATTACHMENTS: Supplemental Fnfarmation Form - Planning 14-1 Standard Conditions - Planning 6-2 'Preparation Check List - Planning 12-2 Procedures - Planning 3-2 Form: Planning 13-1 Date of Planning Commission Approval SUPPLEMENTAL INFORMATION FORM VARIANCE 1) Gross Acres (or square footage, if less than acre) 10,692 sq ft 2) Zone R=TT75 3) General Plan Land Use Designation 9�b 4) By Idw,a"Variance may be approved only if certain facts are found to exist. Please read these requirements carefully and explain how the proposed project meets each of these facts. Use additional sheets if necessary. a) Explain why there are exceptional or extraordinary circum- stances or conditions applicable to the property or to the intended use that do not apply generally to t-he other property or class of use in the same vicinity and zone: House was b) Explain why such variance is necessary 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 toe proorrty in Iu2,.ic,,,, Requested variance is. necessary___. ._ for this home to fit on existi_ng_.building pad _with' small_ tya_r_d_in—th.e _c.entEr._--___�---------- c) Explain why the granting of such _variance will not be materially detrimental to the.public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located: Because of existing grade contours this variance will not effect the view of any other preperty owner in the axes, d) Explain why the grantinq of such variance will not adversely affect'the comprehensive general plan: The granting of the variance will infill an.existing•neighborhood and will allow developmeFt of a parcel without additional ara ing. FORM Planning 14-1 Date of Planning Commission Approval r f -STAFF REPORT October 5; 1976 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT CASE NO.: V-265 APPLICANT: MARTHA GUARDMONDO REQUEST: A Variance from Section 21.10.030 of the Zone Code to construct a structure in the front -yard setback. Staff -recommends that V-265 be APPROVED for the following find- ings and subject to the following conditions: ` FINDINGS 1) There are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended ` use that do not apply generally to the other property or class of use in the same vicinity and zone because: a) The lot is abnormally shaped, having essentially the same depth as width; ;y b) The depth of the buildable area is further re- duced by the steep topography of the site and adjacent property. 2) The variance is necessary for the preservation and en- joyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question because: a) Other property possesses the'right to develop a single-family residence of the design proposed; b) The subject parcel is denied the right to develop according to the design proposed because of the shallow depth of the buildable area. J, 1 r- 3) The granting of such variance will ,not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the property is located because: a) Locating the house toward the front of the lot protects it from the fire hazard of the overgrown slope at the rear of the lot; and b) The proposed location of the -house will not intrude on the view of Agua Hedionda Lagoon from the house to the north. 4) The granting of such variance will not adversely affect the comprehensive General Plan because: a) The reduction in the front yard setback will not affect the dwelling unit density for the subject location. CONDITION 1) Approval is granted for the land described in the appli- cation and any attachments thereto, as shown on the plat plan submitted, labeled Exhibit A, dated September 10, 1976• The location of all feitures shall be located substantially as shown on the plot plan, ' 2) Encroachment into the front yard will occur only as shown on the approved plot plan with no exceptions.. 3) The applicant shall maintain an all-weather walk-on all. .sides of the structure. 4) Prior to issuance of a building permit, the applicant shall dedicate, for street purposes, an'additional 5 feet along the lot frontage and shall execute a lien contract agreement for future installation of complete public improvements in Highland Avenue along the lot frontage on the basis, of a 30-foot half - street section, according to the City of Carlsbad Standards, all in accordance with Chapter 13.40 of the Carlsbad Municipal Code. 5) The ultimate Highland Drive right-of-way shall be graded and'slopes and/or retaining walls along the right-of-way shall be constructed on the lot prior to the construction of the resi- dence, BACKGROUND REPORT Location and Description of Property: 42- I K The 10,692 square feet (993 M2)• parcel is an unus ): l shape and at d higher elevation than the street level. Much of the lot area is in slopes. Street level is aPproxima''ely 90 feet. The pad elevation is approximately 100 feet. eet fron, The lot has approximately 105.eeti of the rlot frontage, othere h land Drive. At the point of meeting is about a 10% street grade on Highland Drive. The slope from Highland Drive up to pad is about 1 to 1 or greater. ' The property is at a higher elevation than surrounding prop- erty, with the exception of the adjacent Pr25efeetthigher o the nthan � The property to the north is approximately, the subject property. An existing driveway has been cut from street grade property. Subject level on the northwestern corner of the subject prop Exist ing Zoning: Subject Parcel: R-1-1.5,000 North: R-1-15,000 South: R-1-15,000 East: R-1-15,000 West: R-1-15,000 Surroundinq Land use: Subject Parcel: Vacant 'r North: Single Family Residence South: Single Family Residence East: Unbuildable slope West: Highland Drive and vacant Past History and Related Cases: None. - Evnironmental Impact Information: rements Of The project iscategorically exemOrdinancefr oastaeminor alteration .the EnvironmentProtection in land use (Section 19.04.090 (C4)). 0 .General Plan Information: The Land, Use Map of the General Plan designates the subject propertyfor RLM, Residential Low -Medium Density (0-4 dwelling units per acre) use. Public Facilities: The subject site falls within the water and sewer service boundaries of the City. ; Street improvements do not exist -on Highland Drive. DISCUSSION Because the lot's yard areas are unusable, the applicant has proposed a house resign which provides an interior patio area. This design move!? the outer walls of the structure outward, into the front yard*setback. The house as proposed, would encroach up to 7 feet from the _ front property line (13 feet into the front yard setback). Moving the house toward the rear of the lot would not change the necessity for a variance -- the house would be moved into a the rear yard setback (20 feet). Such a relocation would re- quire.additional grading and/or pilings, which is undesirable s from the applicant's standpoint. It would also increase the fire hazard from the overgrown slope at the -rear of the lot. One of the lot's amenities is its view of Aqua Hedionda lagoon to the southwest. The proposed location of the dwelling will not intrude on the view from the house to the north, because it-doesgintrude into that house's 'view -line'. For these reasons, staff believes that the variance is justi- fiable as proposed. AM :'s Attachments: Location Map Exhibit A, Plot Plan, dated September 10, 1976 -4- 111 2 31 4 5 6 7 8 9 10 11 12 13 14, 15' .16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 1288 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A VARIANCE FROM SECTION 21.10.030 OF THE ;ZONE CODE TO CONSTRUCT A STRUCTURE IN THE FRONT -YARD SETBACK ON PROPERTY LOCATED AT 4448 HIGHLAND DRIVE. CASE NO.: V-265 APPLICANT: MARTHA GUARDAMONDO WHEREAS, a verified application for a certain property, to wit: All that portion of Lot 12 in Block "E" of Bella Vista in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 2152, filed in the office of the County Recorder of said San Diego County, March 7, 1929 Chas been filed with'the City of Carlsbad and referred to the Plan - fining Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the "Carlsbad Municipal Code".; and WHEREAS, the public hearing was held at the time and in the place specified in said notice on October 13,.1976; and WHEREAS; at said public hearing, upon hearing and considering the testimony.and arguments, if any, of all perons who desired to be heard, said Commission considered all factors relating to the Variance and found the following facts and reasons to exist: 1) There are exceptional or extraordinary circumstances or conditions applicable to the property or to the -intended use that do not apply generally to the other property or class of use in the same vicinity grid zone becavie: a) The lot is abnormally shaped, having essentially the same depth as width; b) The depth of the buildable area is further reduced by the steep topography of the site and -adjacent property. X X X X X t- K 1 2) The Variance is necessary for the preservation and enjoyment of a substantial property right. possessed by other property 2 in the same vicinity and zone but which is denied to the property in question because: 3 4. 'Other property possesses the right to develop a single- . 4 family residence of the design proposed; 5 b) The subject parcel is denied the right to develop accord- ing to the design proposed because of the shallow depth 5 of the buildable area. 7 3) The granting of such variance will not be -materially detri- mental to the public welfare or injurious to the property or 8 improvements in the vicinity and zone in which the property is located because: s a) Locating the house toward the front of the lot protects 10 it from the fire hazard of the overgrown slope at the rear of the lot; and 17. b) The proposed location of the house will not intrude 12 on the view of Agua Hedionda Lagoon from the house to the north. 13 4) The granting of such variance will not adversely affect the 14 -comprehensive General Plan. because: 15 a) The reduction in the front yard setback will not affect the dwelling unit density for the subject location. 16 , NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of 17 the City of Carlsbad as follows:. 18 A) That the above recitations are true and correct. l* B) That a Variance from Section 21.10.030 of the. Zone Code to 20 construct a structure in the front -yard setback be approved and is subject.to..the following conditions: 21 1) Approval is granted for the land described in the 22 application and any attachments thereto, as shown on the plot plan submitted, labeled Exhibit A, dated 23 1 September 10, 1576. The location of all features shall be located substantially as shown on the plot plan. 24 2) Encroachment into the front yard will occur only as 25 shown on the approved plot plan with no exceptions. 26 3) The applicant shall maintain an all=weather walk on all sides of the structure. 27 4) Prior to issuance of'a building permit, the applicant 28 shall dedicate, for street purposes, an additional 5 feet along the lot frontage and shall execute a lien IM -2- K rw, contract agreement for future installation of complete ��IIe►v ►f� public improvements in Highland Avenue along the lot frontage on the basis of a 30-foot half -street section, Q according to -the City of Carlsbad Standards, all in ;•accordance with Chapter 18.40 of the Carlsbad Municipal Code. 5 5) The ultimate Highland Drive right-of-way shall be graded and slopes and/or retaining walls along the right-of-way 6 shall be constructed on the lot prior to the construction of the residence. PASSED, APPROVED AND ADOPTED at a regular meeting of the City l� 8 of Carlsbad Planning Commission held on October 13, 1976 by the 9 following vote, to wit: 10 AYES: Commissioners Jose, L'Heureux, Fikes, Nelson, Larson 11 and Rombotis. 12 NOES: None.. 13 ABSENT: Commissioner Watson. 14 ABSTAIN: None. 15 16 17 Steph n M. L'H6ure x, Chairman 18 ATTEST: 19 20 A_� 21 Donald A. Agatep, Sec etary 22 23 24 25 26 27 ; 213 . -1, I K .... 'CITY OF CART BAD _. , ..... _ . - 4% o _ MEETING OF: PL,.,INING COMMISSION G �O s DATE: OCTOBER 13, 1976 TIME: 7:30 P.M. G is PLACE: COUNCIL CHAMBERS -� Case No. V-265, Martha Guardamondo - Request for ap- proval of a Variance from the front yard requirement of the R-1 zone. , Assistant Planning Director Bud Plender gave the staff'presenta'tion stating that because the lot's yar, areas are unusable, the applicant has proposed a house design which provides an interior patio area. This design moves the outer walls of the structure ou ward into the -front yard setback. David Smith, 4020 Vista•Calaveras; Oceanside, CA. respresented the applicant and that they.concurred with the staff's recommendations. He did ask that on page 4 of the staff report, next to last paragraph that the word "not" be inserted so that the last sentence of this paragraph would read "The proposed location of the dwelling will not intrude on the view from the house to the north, because it does not in- trude into that house's 'v.iew-line'." • A motion was made approving ZC-265 as.per the finding and conditions outlined in the staff report. Motion Ayes X, X X X Absent X X X X f r t t-^ K �• �r t '�1%, ! �• � .. .Pop t S � ate+'( .{i• ��� _, < 0