HomeMy WebLinkAbout1978-01-03; City Council; 5296; Request for Exemption from Planning Moratorium 3971 Park Drive Robert Stauss. "a.
CITY OF CARLSBAD --
AGENDA BILL NO. �,$'.� �� Initial;
Dept. Hd `le=LV,
DATE: Janiary 1, 197S C. AttY •V��/�
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DEPARTMENT: Engineering C. Mgr.
Subject: REQUEST FOR EXEMPTION FROM PLANNING MORATORIUM
3971 PARK DRIVE Applicant: ROBERT STAUSS
Statement of the Matter
Mr. Robert Stauss has requested exemption from Ordinance 7048 in order to process
a variance and minor subdivision. Mr. Stauss' justification is detailed in the
attached letter from his engineer. Basically, these are related to presence of
drainage problems on the site and provisions for access to serve the back of the
lot by an adjacent subdivision.
The attached memorandum from the City Engineer provides reasons which would
indicate the request should be denied. None of the exemptions provided in
Ordinance 7048 can be shown to apply to the proposed minor subdivision. In
addition, Mr. Stauss' proposed minor subdivision is essentially the same situ-
ation as any other developable parcel in Carlsbad. No substantial extraordinary
circumstances have been shown to exist which would warrant granting the request.
i
a .
Exhibits:
1. Letter from applicant
2. Memo from City Engineer dated December 12, 1977
3. Vicinity Map
Recommendation:
That the request be denied. As required by-law, the staff will
be setting Ordinanc& 7O48 to public hearing in late March, 1978 or
early April, 1978 to determine whether the moratorium on dis—
cretionary appzovals should be continued, deleted or modified.
Council action
1-3-78 The Council accepted staff recommendation and the request was
denied.
ZUMWALT ENGINEERING
1939 w visto way, suite e
vista, co. 92083
(714)724.4870
Alan b zumwalt, pe. November 22, 1977
ACE 25009
City Council
City of Carlsbad
1200 Elm Avenue
Carlsbad, Ca. 92008
Ref: Robert Stauss, Variance and Parcel Map
o
cfW. engineering
site devebixrwnt
land planning
Gentlemen:
On behalf of my client, Mr. Robert Stauss of 3971 Park
Drive in Carlsbad, I am requesting consideration in process-
ing a minor subdivision of 4 lots at my clients residence
address. We feel that the following circumstances are such
that special attention be given to this proposed development.
Basically, our reasons are as follows:
1 Tory client has been engaged in developing this property
since 1973•
I 2. This minor subdivision is in a highly developed neighborhood.
3. The city diverted drainage onto the property from Park Drive
j and caused damage to the property.
4. Drainage improvement was made on adjacent property causing
f accelerated flows across the property.
5. Drainage improvements have now plugged up and are creating
flooding.
6. The division of the property has been anticipated by the
i City since a subdivision was done -on the Northwesterly
boundary. This is proven out by:
a.) A cul-du-sac known as Althea Lane was ended at the
property line.
b.) The turn -around area for this cul-du-sac was planned
on my clients' and one adjacent property instead of on
the four lots concerned with frontage on the end of the
cul-du-sac.
c.) The subdivision was allowed 2 extra lots because of
a. and b. above.
We feel that the City should allow processing of this minor
subdivision and variance at this time to alleviate the drainage
problem for my client and prepare for any future sewer alloca-
tion which may become available. Extraordinary circumstances do
exist in this orderly development. Thank you for your considera-
tion.
Aan
e. mwa t, .E.
cc: R. Stauss
MEMORANDUM - December 12, 1977
TO: City Manager
FROM: City Engineer
SUBJECT: Exemption from Sewer Moratorium for Proposed Minor Subdivision
at 3971 Park Drive
I have reviewed this request for exemption from the Planning Moratorium and
recommend that it be denied for the following reasons:
I. None of the exemptions provided in Section 1 of Ordinance 7048 can be
shown to apply to this proposed minor subdivision.
2. No application for either a minor subdivision or any other grants of
approval (rezoning, variance, PUD, etc.) have been applied for by the
owner before the moratorium was enacted.
3. The fact that there are drainage problems on the site does not justify
an exemption from the sewer moratorium.
4. Althea Lane was constructed in 1962 as a part of the Valley Manor Sub-
division and, as stated by the applicant, was extended to provide
future service to his property. It has been a longstanding practice
of the City to require subdividers to construct street improvements
to their boundary to provide future service to adjacent property.
Such a City requirement should not be construed as prior approval of
a future subdivision of ;;he adjacent property.
5. The proposed minor subdivision'has been subjected to no greater hard-
ship from the sewer moratorium than any other developable property
within the City.
Tim Flanagan
City Engineer
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MAP 4851 — VALLEY MANOR SUS
MAP 2152 — BELLAVISTA w NOR
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