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HomeMy WebLinkAbout1983-06-21; City Council; 7411; Burmeister denial appeal4 Cll . 'OF CARLSBAD - AGENDM BILL 4B#m TITLE /' dTG. 6/21/83 ew AN APPEAL OF A PLANNING COMMISSION DECISION TO DENY 4 VARIANCES; LOCATED AT 4555COvE CITY MGV TVE, U - 141 - RMETSTF!R - Y RECOMMENDED ACTION: Both staff and the Planning Comnission recomnend that the City Council - DENY the applicant's appeal of V-347 and direct the City Attorney to prepare documents DENYING V-347. ITEM EXPLANATION 'Ihis item is an appeal of a Planning Comnission decision to deny 4 variances located at 4555 Cove Drive. developnent and the applicant needs the variances to be able to convert his existing 3 unit apartment into a condominium. 'Ihe specific variances he is requesting are: The property is within the Bristol Cove 1) Two tandem parking spaces: 2) One compact car space; 3) Parking encroachment into the frontyard setback; and 4) Parking encroachment into the sideyard setback. Granting of this variance wuld allow the applicant to place 8 parking stalls along the frontage of his property meeting the parking standards for a condominium. The Planning Conmission denied the variance because they could not make the mandatory findings for approval. Specifically, the Conmission could not find that any extraordinary or exceptional circumstances related to this property that didn't generally apply to other properties in the same vicinity or zone. In fact, the widest portion of the property is along its street frontage which provides for a larger parking area than found on similarly sized lots in the vicinity. In addition, the Conmission could not find that the property Owner was being denied a property right shared by other properties in the vicinity or zone+No other project has been approved in this vicinity with similar variances since the time a zone code amendment was approved modifying the parking requirements in the R-W zone (adopted by the City Council on March 17, 1981). Also, the Planning Comnission believed a potential safety hazard wuld be created by allowing tandem parking to be located up to the front lot line. COmRission's concern was that cars parked in these spaces would overhang into the public right-f-way forcing pedestrians to walk into the street. The Finally, the Cornnission felt that approval of this variance would set an undesirable precedent in Bristol Cove being the first granted since the modifications of the parking requirements for this area. granted, muld create the same parking situation the Council was trying to avoid when approving the parking mdifications in the R-W zone. The variances, if .- Page Tm of Agenda Bill No. 7 4/ / %is project is exempt from environmental review pursuant to Section 19.04.070(b)(D)(i) of the City's Environmental Ordinance. FISCAL IMPAm No fiscal impacts wuld result from this variance. EXHIBITS 1. Site plan indicating requested variances 2. PC Resolution No. 2116 3. Staff Report dated May 25, 1983 w/attachments --------- --- .. ,-, ..-.. - .. - .. - .. . FRONT YARD ENCROACHMENT PARKING c ENCROACHMENT -1 ----- -.. \ \ I I I I I TANDEM : PARKING 3 f 1 2 3 4 5 6 7 a 9 1c 11 12 12 14 3: 1E 17 I€ 15 2c 23 22 2;: 24 25 2E 27 2E PLANNING COMMISSION RESOLUTION NO. 2116 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING FOUR VARIANCES FOR A PROPOSED CONDOMINIUM CONVERSION AT 4555 COVE DRIVE. APPLICANT: BURMEISTER CASE NO.: V-347 WHEREAS, a verified application for certain property, to qit: Lot 35 of Map No. 5162, in the City of Carlsbad, California, according to map therefore in San Diego County on April 23, 1963. ias been filed with the City of Carlsbad, and referred to the ?lanning Commission; and WHEREAS, said verified application constitutes a request 3s provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 11th day of day, 1983 and on the 25th day of May, 1983, hold a duly noticed ?ublic hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and :onsidering all testimony and arguments, if any, of all persons jesiring to be heard, said Commission considered all factors relating to V-347. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning :ommission of the City of Carlsbad as follows: 4) That the foregoing recitations are true and correct. 3) That based on the evidence presented at the public hearing, the Commission DENIES V-347, based on the following findings; ?ind ing s : 1) That there are no exceptional or extraordinary circumstances applicable to this property that do not apply generally to other properties in the same vicinity and zone since the property has a greater frontage and width than other lots in the vicinity. I . _. - . . , , . . . . . --.. ... _", . - ... , .. ... I. ~-.- - . .. ,...~I_.... . ..- .. .. ~.:I_~._ .. . 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 That the subject property is not being denied a substantial property right possessed by other properties in the same vicinity a5 the new parking standards have been and will be applied to all condominium development after March 17, 1981 per Zone Code Amendment 129. That the granting of this variance could result in safety hazards to vehicles, pedestrians, and fire access to the.rear of the structure. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on th 25th day of May, 1983, by the following vote, to wit: AYES : Commissioners Narcus, Jose, Friestedt and Rawlins. NOES : Chairman Schlehuber and Commissioner Farrow. ABSENT: Commissioner Rombotis. ABSTAIN: None. 4TTEST: LAND USE PLANNING MANAGER 'C RES0 NO. 2116 CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION 2. e"* .. . .I DATE : TO : FROM : SUBJECT: I. STAFF REPORT Flay 25, 1983 .- APPLI -iTION .SUBMITTAL DATE: NARCH 24, 1983 Planning Commission Land Use Planning Office V-347 - Eurmeister - Request for four variances to the Zoning Ordinance for a prcposed condominium conversion at 4555 Cove Drive in the R-W zone. RECOMMENDATION It is recommended that the Planning Commission ADOPT Resolution No. 2116 DENYING V-347 based on the findings contained therein. 11. PROJECT DESCRIPTION The applicant is requesting four variances, which, if granted, would allow the conversion of a three-unit apartment house into a three-unit condominium. The variance requests are for: a) Two tandem parking spaces b) One compact car space c) Parking encroachment into the front-yard setback d) Parking encroachment into the side-yard setback The zoning ordinance stipulates that all condominiurn conversions must meet the requirements of the Planned Development Ordinance. As such, eight parking spaces are required for a three-unit condominium. The subject lot is too narrow to fully accomodate this requirement width-wise, across its frontage. Previously, the R-W zone possessed its own parking standards (one space per unj.t). On March 17, 1981, however, the City Council approved ZCA-129, which required all discretionary development in this zone to meet the same parking requirements as other zones. This Zone Code Amendment was an outgrowth of City Council recognition that the Bristol Cove parking situation was becoming increasingly difficult and hazardous. As such, the proposed condominium conversion must now meet the stricter parking requirements. The existing three-unit apartment currently has four parking spaces each of which extend to the 10 foot front yard setback line. The applicant plans to convert part of the living quarter to garage area to recess space numbers 2 and 4 to allow room for tandem numbers 1 and 3 (as shown on Exhibit "A"). In addition, two bedrooms will be converted into parking area for vehicles number 7 and 8. Space numbers 5 and 6 presently exist. Space number 8 is proposed as a compact space. The property is irregularly shaped, and is somewhat larger than from the front property line. most lots in the vicinity. The structure is set back ten feet Lo 111. ANALY S I S Planning Issues 1) Can the four mandatory findings for a variance be made as they relate to this case? Specifically: a) Are there exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other property in the same vicinity and zone? b) Is the granting of this variance necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone? c) Will the granting of this variance be detrimental to the public welfare? d) Will the granting of this variance adversely affect the General Plan? Discussion The applicant has submitted a supplemental information form to address the issues above. This form has been attached to this report as Exhibit "B" . Staff believes that exceptional or extraordinary circumstances do not exist on this property. This finding refers to physical features of a property which may hinder development to a greater degree than surrounding properties. As shown on the Location Map, the shape of this lot actually has a wider frontage than the majority of those in the area. The applicant points out that he is being denied a property right that others in the vicinity possess. This right is the ability to convert his property to condominiums and enjoy a raise in property value equal to condominiums in the area. He further refers to individual condominium projects with less parking than he is being required to provide. Staff has investigated each of these projects and found that three of them were converted to conominiurns prior to the new parking requirement which was approved on March 17, 1981. The fourth project is not a condominium conversion and is required to meet apartment requirements only. Staff beleives that anytime the zoning ordinance is amended and stricter requirements are adopted, subsequent development will be denied the same rights of development as those built prior to the Code Amendment. As a result, staff cannot make the finding that the owner is being denied a property right. -2- 7 From a practical standpoint, one additional legitimate, safe parking space would be added to the property. While it is desirable to increase the number of safe spaces whenever possible, staff believes that three of the requested. spaces would not result in an improvement in safety. Our office has noted that tandem spaces create problems and should be avoided. Vehicles parking in tandem back out into the street much more frequently to allow the innermost vehicle to exit. Also, the Fire Department has stated their reluctance to recommend approval of a side setback reduction' because it would hinder fire access to the rear units. From a visual standpoint, the tandem spaces will allow for no front yard setback, and will preclude the use of an existing garage door. The garage for spaces 1, 2, 3, and 4 will be open to the street. In summary, staff believes that the request does not meet the four required findings for approval of a variance. In addition, staff would feel very uncomfortable recommending approval of reduced parking standards (tandem, compact, etc. ) when these new standards were adopted at the request of the Council, Planning Commission, and citizens group from Bristol Cove. Staff is, therefore, recommending denial of this request. Our office has received thirteen letters in support of the requested variance. IV.. Environmental Review This project is exempt from environmental review per Section 19.04.070'(6)(D)(i) of the Environmental Ordinance. ATTACHMENTS 1. Planning Commission Resolution No. 2116 2. Location Map 3. Background Data Sheet 4. Exhibit "B", dated April 11, 1983 5. Disclosure Form 6. Exhibit "A", dated May 5, 1983 PJK:bw 5/19/83 -3- MAP Park Dr. CASE NO., v-347 1. (- BACKGFOW DATA SFIEET A I CASE NO: V-347 APPLICANT: Burmeis t er FIEDUEST AND LKATION: Four variances at 4555 Cove Drive. LEGAL DESCRIPTION: Lot 35 of Map No. 5162 in Carlsbad, California, according to map thereof filed on April 23, 1963. APN: 207-150-19 Acres .10 Proposed No. of Lots/Units 3 units GENERAL PLAN AND ZONING Land Use Designation RH Density Allawed Existing Density proposed Existing Existing Zone R-W proposed Zone N/A Surrounding Zoning and land Use: zoning Site R-W North R-W Wth R-W East R-W West R-W Land Use 3 unit apartment mterway Vacant Vacant Vacant Public Facilities Fee Agreement, dated ENVIRONPIENTAL IMPACT ASSESSbIENT - Negative Declaration, issued - E.I.R. Certified, dated Other, Exapt per 19.04.070(6)(D)(i) ;’> .” SUPPLEI!JENTAL INFORMATION FORM VARIANCE 4, a) This is an existing structure. It is physically impossible to provide the required number of parking spaces without allowing for tandem parking and minor encroachment into setback areas. The lot is shallow in depth and irregular in shape. The width of the structure is 51 feet, which facilitates a maximum of six parking spaces across with two in tandem. by expensive and substaintial alteration of the existing structure can the owner provide the proposed eight spaces with two in tandem. It is physically impossible to provide the required eight spaces without the granting of a variance. only lot with an existing structure that is shaped in such a manner. No other currently existing building has the width to provide six parking spaces across. b) The following recent condominium conversions enjoy substan- tially less parking requirements than are proposed for the subject property: Only This is the 4543 Cove Drive 3C ondominim units 3 tandem parking spaces 4599 Cove Drive 2 Condominium units 4603-4605 Cove Drive 6 Condominium units 4719 Park Drive 14 units (presently under c ons truc t ion) 3 enclosed garages and No guest parking exists. No guest parking exists. No guest parking exists. 3 open parking spaces 10 parking spaces 7 parking spaces and 7 tandem parking spaces No guest parking proposed. The quality of this development is reasonably consistent with other forms of development intended for separate ownership. The zoning ordinance (as applied for parking requirements) ties the use of this property to a specific use, that of apart- ments, and limits the flexibility of the owner in making changes that are currently available to -other property owners. The restriction further inhibits the owner by reducing the value of his property thereby imposing an economic hardship upon the owner. Other owners who converted to condominiums prior to each change 5.n the parking requirements now are enjoying a rise in property value that is being denied to this applicant. Denial of this variance request limits the owner’s use to apart- ments and substaintially reduces the income from and the value of the property. Other property owners within the same zoning class are currently enjoying the right to convert to condominiums thereby increasing their income and the value of their property. -. . I c) burden placed on those persons in proximity to the subject 8 enclosed spaces for 3 units; one 4 bedroom, one 3 bedroom, and one 2 bedroom unit; a total of nine bedrooms currently exist. and by decreasing the number of bedrooms from 9 to 7, the owner is attempting everything feasible to alleviate the current parking problem. The disharmonious and disruptive element that currently exists will be lessened. The owner is attempting to provide more parking spaces than is provided by any existing three (3) unit structure. By adding four spaces to the property in question, other owners in proximity will benefit. Automobiles that normally would be parked on the street will now have off-street parking. Four additional parking spaces will relieve current congestion and contribute to a more orderly flow of traffic and add to the safety and well-being of the residents of the neighborhood. d) intent of the General Plan. The variance requested is relief from setback requirements and for tandem parking. The owner The proposed renovations contributes to the safety and well- being of the area by removing four (&) automobiles from the street. The proposed changes are necessary and desirable in order to provide proper parking in the area. The general well-being of the neighborhood is a major consideration in adding four (4) additional parking spaces. The general purpose and intent of the requirement for off-street parking spaces is to lessen the congestion on the streets of the city. The granting of the variance from strict application of Section 21.4Gg.090 will result in four (4) fewer automobiles parked on the street than there would be if the present use as apartments were continued. will result in the continued use of the property as three (3) apartments with nine (9) bedrooms and only four (4) parking spaces, thereby perpetuating the present shortage of parking. The proposed renovations will relieve an unreasonable roperty. Presently the building and lot in question provide By doubling parking spaces, from 4 spaces to 8 spaces, currently By providing eight parking spaces the owner is meeting the is not requesting a reduction in the number of parking spaces. e- Failure to grant the requested variance * - _- -".i . 1f . .that further infonnation ti,% infornation y-1 have submitted has been re~witd, it is determined mequired, you will he so ad\ ?- APPLIWT: Rory K. ' Rohan, individu Nme (individual, partnership, joint venture, coqpration, syndication) Box 99521, San Diego, CA 92109 Business Address .. .. .. .. .. ._ .: .. ... .. .. .. .. Telephom Num!xr .. . AGENT: James W. Burmeister ... .. .. N3.Ine _. - .- - 2810 Pi0 -__I Pic0 Dr., karlsbad, CA' 92008 - .. Y ._ . .... ..- .. .. . :. Business Address .. .. -. . _. .*. . .. .. .. ... .. ...... .. .. _. .. .. e. .. . - . EEbBBiG: . ~zma ,(individual, partner, joint. . Ham= Address . ... . venture, coqmration, syndication) .. -- BJ s iiie s s Ad& e ss ... .. .. .. . I/W~ dx1ce ur.i!er Fenalty of perjury that tfie infom.ation contained in this dis- closure is trc? &nc? correct and that it will remain true arld correct arld nay be' rcliec? upon 2s 5ei.33 true and corrzct until znnended. .. .. ... .. Rory K. Rohan - 13 App 1 i c a n t H4- L- 0 - BY JTICE OF PUBLIC HEARING APPEAL V-347 NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:OO P.M., on Tuesday, June 21, 1983, to consider an appeal of a Planning Commission denial of a request for four variances on property generally located at 4555 Cove Drive and more particularly described as: Lot 35 of Map 5162, recorded in San Diego County on April 23, 1963. APPELLANT: Rohan (Burmeister) PUBLISH : June 8, 1983 LOCATION CARLSBAD CITY COUNCIL MAP CASE NO. v-347 AP P LI CANT 5U s f E R Park Dr. Fred H. Tilock . 4510 Adams St. Carlsbad, CA 92008 Mr. & Mre. Donald Krouse 4460 Highland Drive Carlsbad, CA 92008 Sam Guardamondo & Martha L. Guardamondo 44448 Highland Dr. Carlsbad, CA 92008 -. . . . - , , . . . .. . -. __", . -._-...-------- . . - - .. . . -- . . .~ . - .. - *, 4NNlNG OFFICE .5 LSB A D .:E. .CA 92008 .,.,: . .. South Coast Bank 890 Banker Street Costa Mesa, CA 92626 Attni Ellen I i I! I AVE. B,CA ,92008 -0 Frank Rem 2865 Europa Drive Costa Mesa, CA 92626 11- Carl Fredricks 1330 W. Seventh St, Long Beach, CA 90813 :ANPING OFFICE MLSBAD AVE. 3. CA 92008 Frank N. Tomlinson & Carma J. Tomlinson P.O. Box 1442 Fallbrook, CA 92028 3,CA 92008 'i , '-w Jaclyn S. Mc Nary 1751 Skyloft Lane Leucadia, CA 92024 SNNINU u-ribc .? LSBAO . CA 92008 I.- : r. Daljit Sarkark & Elaine Sarkar ia 12625 La Mirada Blvd. La Mirada, CA 90638 ANNINS OFFICE .3LSEAD I- r- - L. CA 92008 Sam A. Lovullo & Grace M . . Lovullo 15719. Hartsook St. Timino, CA 91436 AVE. 3,CA 92008 6 Hugh C. Moore & Elaine K. Moore 29312 Troon St. T,amma N i~iiel-, CA 92677 - .-- OCCUPANT 4590 Cove Drive CarLsbad, CA 92008 _- Henry De Lynch & Mar L. Lynch 470t Sunrise Ridge Oceanside, CA 9205'4 ? Patricia R. Even 640 Warm Sand Drive Palm Springs, CA 92262 OCCUPANT 4576 "A" Cove Drive Carlsbad, CA 92008 ..... ~. " . +-. . . -. . . .- . . . I -ANNiI.IC OFFICE '\ SLSBAD '!E. , CA 92008 Barton W. Lefferdink & Marion M. Lefferdink 4576 Cove Drive Carlsbad, CA 92008 --- .rvur\u 4VE. 3, CA 92008 Juanita P. Hogan 178 S. Stonebrook Drive Oranget CA 92669 , .. OCCUPANT 4576 "C" Cove Drive Carlsbad, CA 92008 _L . CA 92008 Dominic P. Salvati & Joan Po Salvati 1353 N. Palm Ave. Ontario, CA 91763 +SVE. 2, CA 92008 OCCUPANT 4570 "A" Cove Drive Carlsbad, CA 92008 Richard P. Elia & salee b. Elia Y8 30 Holiday Ave. Upl,nnd, CA 91786 .-- L. 3. CA 92008 ..... OCCUPANT .4570 "B" Cove Drive Frank Flaherty & Joni Flaherty I I 2081 Tulare Way 1 Upland, 2:: 91786 I OCC WANT 4.570 "C" Cove Drive Carlsbad, CA 92008 I c 'LANNING OFFICE :tZFiLSBAD A'JE. 3, CA 92008 ... r: -iuonu VE. ,CA 92008 I 1 OCCUPANT I 4570 "D" Cove Drive 1 Carlsbad, CA 92008 i 0 Fran Flaherty & Joni Flaherty 8533 Calle Carabe Rancho Cucamonga, CA 9/73z3 '1 n.( n?n 4. , Harry I.J. Riegel & 1 3616 Windspwl Drive 1 Huntington Beach, CA '%6y6 Irma H. Riegel ., .. . 2,CA 92008 Arthur A. Barbour 9805 Mattock Ave. ' - rjc -, OCCUPANT i 1 4566 Cove Drive 1 CarLsbad, CA 92008 I LANNING OFFICE . :RLS3AD I~.'JE. 5, CA 92088 ..-. ... . . 1 I I I OCCUPANT 1 4560 Cove Drive ' Carlsbad, CA 92008 AVE. 2, CA 92008 I I Hamilton M. Kelly & San Marino, CA 91108 I Judith Kelly ! 1762 Oak Grove .NNING OFFICE :tSBAD 34 92008 .- - -. Robert P. Jones 23 Evelyn R. Jones 3545 Catalina St. Pqrlqnhncl. CA o?nnFz ' OCCUPANT , 4545 Cove Drive j Carlsbad, CA 92008 , T.D. Chittick 4543 Cove Drive #2 Carlsbad, CA 92008 L I Donald W. Rostow 4543 Cove Drive #3 Carlsbad, CA 92008 3LANNING OFFIG& ZARLSBAD ;D, CA 92003 AVE. ' . . .." - -, Flora A. Moschetti 4543 Cove Drive #I , Carlsbad, CA 92008 1 ,AF!~ING OFFICE .~.fitSBttD ' iVE. 3, CA 92008 Jeff A. Dobbs & ' Dona L. Dobbs 118 San Pablo Sax Clemente, CA 92804 ! 1, Robert C. Pearson & Darlene M. Pearson 2125 Woodwind Drive Olivenhain, CA 92024 , OCC UPANT 4623 Park Drive Carlsbad, CA 92008 ! ANNING OFFICE Ai4LS3AD .VE. '. CA 92008 ...., '. Ernes H. Pedgrift & Helene E. Pedgrift 4535 Cove Drive, Apt. "A" Carlsbad, CA 92008 TLWAD 'F SA 92008 . -. I. OCCUPANT 4621 Park Drive Carlsbad, CA 92008 3,CA 92008 -- THE FULLMER CO 1930 S. Myrtle Ave. Monrovia, CA 91016 _. Graham G. Finch & Myra L. Finch 20310 Pacifica Drive Cupertino, CA 95014 3, CA 92008 OCCVPANT 4611 Park Drive Carlsbad, CA 92008 L =- A Donald W. Brown 4744 PaVlOv Ave. Sari Diego, CA 92112 -Y!VE. 2, CA 92008 J.R. Minkus & Maurine Minkus 13589 Mindanao Way Marina del Rey, CA 90291 3, CA 92000 ..$ Bristol Cove Property Owners Assn. 2965 Roosevelt St. Carlsbad, CA 92008 , SOLBRISA, LTD. c/o James Hirschberg - 2942 Harding Street Carlsbad, CA 92008 4. :-ANNING OFFICE LSBAD -, CA 92008 .E. OCC WANT 4605 Cove Drive. Carlsbad, CA 92008 -- , AR LSBAD -.VE. ACA 92008 . 9 OCCUPANT Carlsbad, CA 92008 ' 4603 Cove Drive Ralph J. Haasl -& Mary A Haasl 6411 Via de la Reina Bonsall, CA I 92003 ,AN hrl PJ G OFF1 CE 3LSBAD . .VE. 1. CA 92008 OCCUPANT 4599 Cove Drive Carlsbad, CA 92008 7LS8AD CA 92008 ,- ' t. FRANMAR INVESTMENT COB 6411 Via de la Reina Bonsall, CA 92003 John R. Gluth & Dorothy A. Gluth 5505 Coral Reef La Jolla, CA 92037 YNlNG OFFfCE LSBAD :A 92008 - - -. Sally S. Kristof 3235 Monroe St. Carlsbad, CA 92008 Florence R. Mock June Snodgrass 1055 Palm st. Carlsbad, CA 92008 Charles Nurnberger & Cathryn E - Nurnberger 94-51 Molokai Drive Huntington Beach, CA .- Donald K. Haggerty '1020 Manhattan Beach Blvd. Suite 200 Manhattan Beach, CA 90dk ;--nu L ZA 92008 h. Lnnr.... . . XRLS SAD AVE. 3,CA 92008 Christine E. Goodman 21241 Ventura Blvd. i . Suite 188 Woodland Hills, (!A q/,36y Carlsbad J Decreed a Legal Newspaper by the Superior Court of Son Diego County 31 38 ROOSEVELT ST. 0 P.O. BOX 248 0 CARLSBAD, CA 92008 729-2345 Proof of Publication STATE OF CALIFORNIA, ss COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of Sun Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of Sun Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: NOTICE OF PUBLIC HEARING APPEAL v-347 _- sion denial of a request for four variance8 on prop erty generally located at 4565 Cove Drive and more particularly de- scribed as: Lot 35 of Map 8162. recorded in San Diego County on April 23,1983. Appellant Rohan (Burmeister) CARLSBAD CITY COUNCIL CI W165 June 8.1983 2M-4!82 c: 1jy: c_' 8 8 .: ................................. 19..;. ................................. 19 .... ................................. 19.. ................................ 19 .... ................................. 19. I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on ~_ I., day of ., Y.L ___~- Thy r A-1. -.._ 7 Ti . . L -~ - (2, 7 , >_ llylA &i/,itic~, c/ACo~-/ ___~__~~ I Clerk of the Printer .- 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the City Clerk (714) 438-5535 APPEAL FOW @(We) appeal the following decision of the Q/f/jfl{ SstG /v to the City Council: , Project name and number (or subject of appeal): - 347 &RM r/< TPn 729- 30ga Telephone Number t Bristol Cove Homeowner's Association April 21, 1983 City of Carlsbad 1200 Elm Avenue Car Isbad, Ca I i forn ia 92008 Attn: Michael Howe Director of Planning -- -.-,-- Re: Rory K. Rohan 4555 Cove Drive Condomini urn Conversion Dear Mr. Howe: We support Mr Rohans request for a parking modification to allow eight (8) off street parking spaces. The existing building contains two 3-bedroom units and one 2-bedroom unit:.with four (4) parking spaces. With all units occupied tenants must use 10' front setback area, in front of garage doors, for parking, many times projecting over sidewalk. Proposed project will have one 3-bedroom unit and two 2-bedroom units, with six (6) full size parking spaces and two (2) mid size spaces in tandem. Parking at this site Cordially will be greatly improved by approval of Mr. Rofians application. if- n - April 22, 1983 - RE: 4555 Cove Drive Dear Planning Department: By his/her signature, the undersigned wishes to express sup- port for the variance request currently before the Carlsbad Plan- ning Department submitted by Rory IC. Rohan, concerning 4555 Cove Drive. April 22, 1983 RE: 4555 Cove Drive Dear Planning Department: By his/her signature, the undersigned wishes to express sup- port for the variance request currently before the Carlsbad Plan-. ning Department submitted by Rory X. Rohan, concerning 4555 Cove Drive. c April 22, 1983 ~ RE: 4555 Cove Drive Dear Planning Department: By his/her signature, the undersigned wishes to express sup- port for the variance request currently before the Carlsbad Plan- ning Department submitted by Rory K. Rohan, concerning 4555 Cove Drive - April 22, 1983 . RE: 4555 Cove Drive Dear Planning Department: By his/her signature, t,,e undersigned wishes to express sup- port for the variance request currently before the Carlsbad Plan- ning Department submitted by Rory K. Rohan, concerning 4555 Cove Drive. c --. . .,.- . e April 22, 1983 . RE: 4555 Cove Drive Dear Planning Department: By his/her signature, the undersigned wishes to express sup- port for the variance request currently before the Carlsbad Plan-. ning Department submitted by Rory K. Rohan, concerning 4555 Cove Drive .. -. . . c- c April 22, 1983 - RE: 4555 Cove Drive Dear Planning Department: By his/her signature, the undersigned wishes to express SUP- port for the variance request currently before the Carlsbad Plan- ning Department submitted by Rory K. Rohan, concerning 4555 Cove Drive. April 22, 1983 - E: 4555 Cove Drive Dear Planning Department: By his/her signature, the undersigned wishes to express sup- port for the variance request currently before the Carlsbad Plan-. ning Department submitted by Rory K. Rohan, concerning 4555 Cove Drive. I April 22, 1983 RE: 4555 Cove Drive Dear Planning Department: By his/her signature, the undersigned wishes to express sup- port for the variance request currently before the Carlsbad Plan- ning Department submitted by Rory X. Rohan, concerning 4555 Cove Drive. &P”7 c. - c April 22, 1983 RE: 4555 Cove Drive Dear Planning Department: By his/her signature, the undersigned wishes to express sup- port for the variance request currently before the Carlsbad Plan- ning Department submitted by Rory K. Rohan, concerning 4555 Cove Drive. c April 22, 1983 RE: 4555 Cove Drive Dear Planning Department: By his/her signature, the undersigned wishes to express sup- port for the variance request currently before the Carlsbad Plan- ning Department submitted by Rory K. Rohan, concerning 4555 Cove Drive. r 0 April 22, 1983 - RE: 4555 Cove Drive Dear Planning Department: By his/her signature, the wishes to express sup- port for the variance request the Carlsbad Plan-, ning Department submitted by 4555 Cove Drive. 0 i c April 22, 1983 . RE: 4555 Cove Drive Dear Planning Department: By his/her signature, the undersigned wishes to express sup- port for the variance request currently before the Carlsbad Plan- ning Department submitted by Rory K- Rohan, concerning 4555 Cove Drive. .. -. i RE: Dear April 1983 4555 Cove Drive Planning Department: By his/her signature, the undersigned wishes to express sup- port for the variance request currently before the Carlsbad Plan-- ning Department submitted by Rory K. Rohan, concerning 4555 Cove Drive. . L .- April 22, 1983 ' RE: 4555 Cove Drive Dear Planning Department: By his/her signature, the undersigned wishes to express sup- port for the variance request currently before the Carlsbad Plan- Drive. . ning Department submitted by Rory X. Rohan, concerning 4555 Cove June 10, 1983 The Mayor and City Council Members City of Carlsbad Carlsbad, California 92008 RE: Request for Variance: 4555 Cove Drive Carlsbad, CA 920617 Dear Mayor and City Council Members: By my signature I wish to express support for the variance requested by Rory K. Rohan at the above address. favor of the variance request. Please vote in Marshall C. Pumphrey &'J Shirley S. Pumphrey 4705 Marnia Drive #14 Carlsbad, CA 92008 - June 10, 1983 The Mayor and City Council Members city of Carlsbau Carlsbad, California 92008 RE: Request for Variance: 4555 Cove Drive Carlsbad, CA 92008 Dear Mayor and City Council Members: By my signature I wish to express support for the variance requested by Rory K. Rohan at the above address. Please vote in favor of the variance request. Sincerely, -. 8' . _- June 10, 1983 RL:. Request for Variancc: 4555 Cc-L7( Crive CarlsS.-* t7 92008 By my signature I wish to express support for the variance rezaested by Rory K. Rohan at the above address. Please vote in favor of the variance request. Lc-f cb'7-/5'c -7) Robert C. Pearson & Darlene M. Pearson 2125 Woodwind Drive Olivenhain, CA 92024 June 10, 1983 *&-- RE: Request fcr Variance: 4555 Cove Erivc l_'c,~-lsb.?d, CA 92008 Dear Fayor aiid City Council Members: By my sicjnature I wish to express support for the variance requested by Rciry K. Rohan at the above address. Please vote in favor of the variance request. . -. - Julie 10, 1983 -1 -,IC I\la;rcr an2 City Ccuncil P1-i City of Carlsbad Carlsbad, Californicl 92003 i?E: Request for Variance: 455; -37-e Drive Car: )~d, CA 92008 Dear Mayor and City Council >!E:iLerS : By my signature I wish to express support for the variance requested by Rory K. Rohan at t5c above address. favor of the variance request. Please vote in Sincerely, Ernest H. Pedgrift & Helene E. Pedgrift 4535 Cove Drive, Apt. A Carlsbad, CA 92008 June 10, 1983 The Mayor and City Council Members City of Carlsbad Carlsbad, California 92008 RE: Request for Variance: 4555 Cove Drive Carlsbad, CA 92008 Dear Mayor and City Council Members: By my signature I wish to express support for the variance requested by Rory K. Rohan at the above address. Please vote in favor of the variance request. THE FULI;MER CO 1930-S. Myrtle Ave. Monrovia, CA 91016 %3/- 542.33 23&k p?. June 10, 1983 The Playor and City Council Members City of Carlsbad Carlsbcld, California 92008 RE: Request for Variance: 4555 Cove Drive Carlsbad, CA 32908 Dear Mayor and City Council Members: By my signature I wish to express support for the variance requested by Rory K. Rohan at the above address. favor of the variance request. Please vote in Albert S. Karam & Marie E. Karam 30656 Passageway Place Agoura, CA 91301 ,- .. June 10, 1983 The Mayor and City CQuncil Members City of Carlsbad Carlsbad, California 92008 RE: Request for Variance: 4555 Cove Drive Carlsbad, CA 92008 Dear Mayor and City Council Members: By my signature I wish to express support for the variance requested by Rory K. Rohan at the above address. favor of the variance request. Please vote in -. Sincerely, Y5'/9 *7 cede 02, Conrad M. Wozney & Kendra L Wozney 662-N. Laurel Ave . Upland, CA 91786 June 10, 1983 The Mayor and City Couficil Members City of Carlsbad Carlsbad, California 32008 RE: Request for Variance: 4555 Cove Drive Carlsbad, CA 92008 Dear Mayor and City Council Members: By my signature I wish to express support for the variance requested by Rory K. Rohan at the above address. favor of the variance request. Please vote in 4513 Cove Drive #11 Carlsbad, CA 92008 c Ji.:ne 10, 1983 TiE: Request for Variance: 45E; CfJve Drive - jld, CA 92008 P -- L Dear !.layor and City Council Xc:..Lers : By my signature I wish tc express support for the variance requested by Rory K. Rohan at the above address. favor of the variance request. Please vote in Sincere 1 y, Frank Rem 2865 Europa Drive Costa Mesa, CA 92626 id-+ ‘?C~’-i~~-Ji;-~~ .- June 10, 1983 The Mayor ancl City Council blernbers City of Cal-lcbad Carlsbad, California 92008 RE: Request for Variance: 4555 Cove Drive Carlsbad, CA 9200F Dear Mayor and City Council Members: By my signature I wish to express support for the variance requested by Rory K. Rohan at the above address. favor of the variance request. Please vote in h Peter N. Kirknoff & Anneliese Kirianoff P.0. Box 2248 La Habra, CA 90631 June 10, 1982 RE: Request for Variance: 4555 Cove Drive Carlsbnd, CA 32 '- Dear Mayor and City Council Members: By my signature I wish to express support for the variance requested by Rory K. Rohan at the above address. Please vote in favor of the variance request. Sincerely, . I -- June 10, 1983 e, .-- RE;: Request for Variancc: 72 1': Cove Drive .'- 'Tsbad, CA 92008 Dear Mayor and City Council :-lz;;lbers: By ,my signature I wish to express support for the variance requested by Rory K. Rohan at the above address. Please vote in favor of the variance request. Sincerely, n Sam A. Lovullo & Grace M. Lovullo 15719 Hartsook St. Encino, CA 91436 c June 10, 1983 The Mayor and City Cc?uncil ;":embers City of Carlsbad Carlsbad, California 92008 RE: Request for Variance: 4555 Cove Drive Carlsbad, CA 92008 Dear Mayor and City Council Members: By my signature I wish to express support for the variance requested by Rory K. Rohan at the above address. Please vote in favor of the variance request. \ Sincerely, / Joanne Paulin 325 Cordoba Ave . Sax Clemente, CA 92672 June 10, 1983 The Mayor and City Council Members City of Carlsbad Carlsbad, California 92008 RE: Request for Variance: 4555 Cove Drive Carlsbad, CA 92008 Dear Mayor and City Council Members: By my signature I wish to express support for the variance requested by Rory K. Rohan at the above address. Please vote in favor of the variance request. .. Sincerely, 4513 Cove Drive #18 Carlsbad, CA 92008 - June 10, 1983 The Mayor and City Council Members City of Carlsbad Carlsbad, California 92008 RE: Request for Variance: 4555 Cove Drive Carlsbad, CA 92008 Dear Mayor and City Council Members: requested by Rory K. Rohan at the above address. favor of the variance request. By my signature I wish to express support for the variance Please vote in - s eorggFF. Tolar & 4513 Cove Drive #21 Carlsbad, CA 92008 eudy L . Tolar June 10, 1983 The Mayor and ,City Council Members City of Carlsbad Carlsbad, California 92008 RE: Request for Variance: 4555 Cove Drive Carlsbad, CA 92008 Dear Mayor and City Council Members: By my signature I wish to express support for the variance requested by Rory K. Rohan at the above address. Please vote in favor of the variance request. June 10, 1983 The hayor and .City Council Members City of Carlsbad Carlsbad, California 92008 RE: Request for Variance: 4555 Cove Drive Carlsbad, CA 92008 Dear Mayor and City Council Members: By my signature I wish to express support for the variance requested by Rory K. Rohan at the above address. Please vote in favor of the variance request. I. Norma Chash 4705 Marina Drive #Z June 10, 1983 The Mayor and .City Council Members City of Carlsbad Carlsbad, California 92008 RE: Request for Variance: 4555 Cove Drive Carlsbad, CA 92008 Dear Mayor and City Council Members: By my signature I wish to express support for the variance requested by Rory K. Rohan at the above address. favor of the variance request. Please vote in June 10, 1983 '-'~ie Mayor cl- (-' - k17 Council Members Carlsbad, C'\.j i i ornia 92008 C1ty of czl-!: I~C3Cl RE: Request LDr Variance: 4555 Cove Drive Carlsbad, CA 92008 Dear Mayor cnd City Council Members: By my signature I wish to express support for the variance requested by Rory K. Rohan at the above address. Please vote in favor of the variance request. Sincerely, r Martha Arthur 4637 Park Drive #11 Carlsbad, CA 92008