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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��/� � 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 TCF:FNL:ms ONE e ����onmmm mne @I�I�upON�1�1�1�1�1�IB 3 MAP 4851 — VALLEY MANOR SUS MAP 2152 — BELLAVISTA w NOR F