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HomeMy WebLinkAbout1990-12-18; City Council; 10958; Pfeiffer Property Appeal On Condo Permit Denialfn CIT* OF CARLSBAD - AGENDABILL 1EPT.L DENY MINOR SUBDIVISION NO. 849 AND PLANNING DEPARTMENT DECISION TO DENY CONDOMINIUM PERMIT 90-09 RECOMMENDED ACTION: Uphold the City Engineer’s decision to deny Minor Subdivision 849 and the Planning Director’s decision to deny Condominium Permit 90-09. ITEM EXPLANATION: This item is an appeal of the Planning Director’s decision to deny the proposed Condominium Permit 90-09 and the City Engineer’s decision to deny Minor Subdivision No. 849. The appellants in the case are Mr. John W. Pfeiffer and W.B. Pfeiffer. On September 10, 1990 the appellants filed an application for a minor subdivision and condominium permit to convert their existing duplex located at 6709 and 6711 Cantil Street into a single lot two unit condominium. Staff reviewed the proposed conversion project and determined that the project could not meet two of the requirements of the Planned Development Ordinance. The two requirements which could not be met were as follows: 1. The proposed project lacks the required 20 foot front yard setback as required pursuant to Section 21.45.090(B) of the Carlsbad Municipal Code (CMC). The existing building has a maximum setback of 15.6 feet. 2. The project lacks adequate guest parking as required per Section 21.45.090 of the CMC. On October IO, 1990 the appellants were notified of the Planning Director’s final decision to deny the condominium permit and the City Engineer’s preliminary decision to deny the tentative map. Procedurally, the applicant had ten days to appeal the Planning Director’s final decision on the condominium permit and the same 10 days to request a hearing with the City Engineer on the preliminary decision to deny the minor subdivision. The appellants did request a hearing with the City Engineer on the question of the minor subdivision. The issue of the condominium permit was also reviewed. Staff indicated to the appellants that the descision would stand and that staff was not prepared to make the findings needed to approve an administrative variance for the front yard setback or guest parking. The City Engineer subsequently made his final decision to deny the application for Minor Subdivision 849 based on the fact that the appellants had not obtained all Title 21 ;pMp~ls and permits for the project as required pursuant to Section 20.24.130 of the On November 16, 1990 the appellant requested an appeal to the City Council of the City Engineer’s decision in accordance with Section 20.24.140 of the CMC. The time limit for appeal of the Planning Director’s decision on the condominium permit had lapsed; however, since the applicant was not given adequate notification on the PAGE TWO OF AB# /{ 95s appeal procedure at the time of the decision and since the condominium permit was administratively tied to the minor subdivision, staff is bringing this forward as an appeal to the decisions on both staff denials. Staff is recommending that Council deny the appeal in order not to set a precedent for allowing condominium conversions for existing buildings that fail to meet minimum set back and parking requirements. Should City Council decide to uphold the two appeals City Council’s action would be to send the project back for appropriate conditioning and to direct the Planning Director to approve the administrative variances for the reduced setback and elimination of guest parking. FISCAL IMPACT: Denying the appeals would result in a loss of approximately $11,267 in further processing, park-in-lieu, and public facilities fees. EXHIBITS: 1. 2. 3. 4. 5. 6. Location Map. The letter requesting an appeal before the City Council dated November 16, 1990 signed by Harold C. Pope. A copy of the City Engineer’s preliminary decision letter dated October 10, 1990 A copy of the letter from Planning Department to Mr. Pfeiffer dated October 10, 1990. City Engineer’s final decision letter dated November 7, 1990. Site Plan. . , LOCATION MAP L ,P ~~~~~~ 3 I .L w ,‘I ’ I ,---_ --\ ‘I 1 !i --/ !I I e ..-I I, I 3 I I ___ , y-J-J- - - -- - -$g.-$L~;:_ ‘?‘F r~@~c I PRoJECT NAME M.S.849, PFEIFFER 6709 and 6711 CANTIL STREET I ExH:BlT I LAW OFFICES OF HAROLD C. POPE 4275 EXECVTWE 9a”ARE. SUITE g)o TELLCOrnErs <619,455-5344 TELEPHONE <619>546-2949 NOV 1919% November 16, 1990 CITY OF CAXi,2X3AD #J(-gfgE;2i;>Y; ?I;,~";;g&GjEMT City Clerk City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Re: Pronosed Minor Subdivision No. 849 Dear Madame: I represent Mr. John W. Pfeiffer, the applicant for Proposed Minor subdivision No. 849. By this letter, Mr. Pfeiffer is appealing the denial of approval for the Proposed Minor Subdivision by the Engineering Department as set forth in the letter of November 7, 1990 from Mr. Wojcik to Mr. Lukoski, a copy of which is attached hereto, and the denial of Condominium Permit dated October 10, 1990 by the Planning Department, a copy of which is attached. Objection is made to the determinations for the following reasons: 1. The lot was approved for a duplex with a setback twenty feet from the curb line, as shown in the plot map approved by the City of Carlsbad, January 3, 1984. Prior to construction this could have been changed. It appears also that the Building Inspector for the City of Carlsbad, as shown in the Inspection Sheet signed in October, 1984, approved the siting. This was after the concrete was poured. Presumably there must have been good reason for allowing the exception, perhaps the fact that there was no other house or driveway facing the adjacent street from the driveway of the Pfeiffers for 120 feet or more to the corner, or other reason allowable under the flexible setback standard of City Code Section 21.45.090(b)(2)(D). 2. The building on the property is a duplex, and it is currently occupied by the owners and another family. The owners wish to sell the unit they do not occupy and this was their intention at the time the duplex was purchased in 1988. Due to lender requirements, in order to finance separate sale of one of the units it is necessary to condominize the duplex. No change in use or exterior structure will occur if the proposed minor subdivision is allowed. There is screening on both .sides of the driveway. EXHIBIT 2 City Clerk November 16, 1990 Page 2 3. There are no other houses or driveways facing the street on the same side of the adjacent street as the subject property for more than 120 feet, so there is ample room for five guest cars to park, and only one is required by the ordinances. In any case, the garage is sufficiently large to permit a guest car to be parked in the garage as a three-car garage. Finally at the present time, as is permissable for a duplex, cars do park in the driveway, which is screened from both sides, and this creates no problem. 4. The ordinance requiring guest parking for a two-unit condominium project but not for a two-unit duplex is irrational and unreasonable. In either case the same requirements for parking should apply as there is the same use, and the allowed occupation density is the same. 5. Application of the setback and guest parking ordinance to this property is oppressive in that it prevents financing and resale of the units to separate parties and sup- presses property value without any concomitant public advantage. Formal points aside, the real problem is that the duplex was acquired after construction by a husband and wife now ready for retirement with limited funds who need to limit the amount of mortgage payments on the property, and if possible realize some of the increase in equity in order to fund retirement. The use of the property will be identical to the current use, but change of ownership is not possible without condominization because banks will not finance the purchase of one-half of a duplex unless condominized. There is ample on-street parking adjacent to the property, if required. Parking in the driveway by one car occurs now. It would be possible to provide for the guest parking in the garage. Any allowance of the conversion will be an accommodation applied to a property which was non-conforming as to the applicable setback requirement for a duplex at the time the property was initially approved. It is an exceptional case, and provision for relief need not set a precedent in other cases. Therefore, a nonconforming use should be allowed. At the hearing we will wish to show maps and photographs of the subject property and adjacent areas. 10304.ltr City Clerk November 16, 1990 Page 3 Should you have any questions or comments, please telephone me. our i f / Yljigiy . F b HCP:caj cc: Mr. and Mrs. John W. Pfeiffer Mr. Joe Lukoski Mr. Robert J. WojcikJ 10304.ltr November 7, 1990 Joe Lukoski P.O. Box 1733 Carlsbad, California 92008 PROPOSED MINOR SUBDMSION NO. 849 Whereas a review of the preliminary decision to disapprove the tentative map was requested by the appropriate date and whereas a review was held on October 30, 1990; and whereas negative findings delineated by Section 20.24.130(4) of the Carlsbad Municipal Code have been made; a final decision has been made to disapprove the subject tentative map for the reasons stated below: 1. The Planning Department cannot approve the condominium permit because the existing structure does not meet requirements for front yard set back and guest parking as required by Carlsbad Municipal Code, Section 21.45.090(b)(2)(B) and Section 21.45.090(d)(2). As per our discussion at the review, you may appeal the decision. Since this is a decision of the City Engineer the appeal must be before the City Council. To appeal you should tile a letter of request with the City Clerk within 10 days of the date of this letter. In your letter reference the Minor Subdivision No. 849. Also accompany the letter with a tiling fee of $470.00. The hearing of your appeal will be a public hearing held within 30 days of the filing of the appeal. /4z&uQ~+ ROBERT J. WOJCIK Principal Civil Engineer PJW:rz c: John W. Pfeiffer EXHIBIT 3 2075 Las Palmas Drive - Carlsbad. California 92009-4859 - (619) 438-1161 October 10, 1990 John W. Pfeiffer 6711 Cantil Street Carlsbad, CA 92009 RE: CONDOMINIUM PERMIT 90-09 Dear Mr. Pfeiffer: The Condominium Permit that you have applied for has been denied. This decision is based on the requirements of the Zoning Ordinance that conversions of existing buildings to a condominium shall meet the developmental standards of the Planned Development Ordinance (21.45.100). The present setback of your structure is 15 feet which does not meet the standard of a 20 foot minimum front yard setback (21.45.090(b)(2)(6)). Upon conversion, guest parking must be provided on site. The ordinance requires one space per two units and may provide for their guest parking space as a tandem parking space in front of the garage if the garage is set back a minimum of twenty feet from the property line (21.45.090(d)(2)). Your site does not meet this minimum and therefore, guest parking cannot be met. I have recommended denial of this project to fhe Engineering Department. If you have any questions, please feel free to call me at 438-l 161, extension 4325. Sin erely, F VAN LYNCH Planning Technician C: Jim Davis ‘( Joseph K. Lukoski PO Box 1733 Carlsbad, CA 92008 VL:lh pfeiffer.ltr EXHIBIT 4 2075 Las Palmas Drive - Carlsbad, California 92009.4859 - (619) 438-l 161 - City of Carlsbad October 10. 1990 Joe Lukoski P.O. Box 1733 Carlsbad, CA 92008 PROPOSED MINOR SUBDMSION NO. 2349 A preliminary decision has been made pursuant to Section 20.24.130(4) of the City of Carlsbad Municipal Code, to deny the application for the tentative map of the proposed minor subdivision for the following reason: 1. The Planning Department cannot approve the condominium permit because the existing structure does not meet requirements for front yard set back and guest parking as required by Carisbad Municipal Code, Section 21.45.090(b)(Z)(B) and Section 21.45.090(d)(2). The applicant may request a review of the preliminary decision with the City Engineer in writing within ten (IO) days of the date of this letter. Upon such written request the City Engineer shall arrange a time and place with the applicant for such review. If you require further information on this project you may contact Jim Davis at (619) 438- 1161, exten -.I 4500. /44&q? v+ ROBERT J. WOJCIK Principal Civil Engineer RJW:rz c: John W. Pfeiffer EXHIBIT 5 --______~-..~~~~- ~~~ 20~75 Las Palmas Drive - Carlshad. California SZOOS-4559 - (619) 133-1 i 67 EXHIBIT 6 CORRECTED NOTICE NOTICE OF PUBLIC HEARING APPEAL - MINOR SUBDIVISION NO. 849 NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive (formerly Elm Avenue), Car&bad, California, at 6:00 P.M., on Tuesday, December 18, 1990, to consider an appeal of the City Engineer's denial of a request to convert an existing duplex located at 6709 and 6711 Cantil Street, Carlsbad, California, to a two unit condominium. If you have any questions regarding this matter, please call the Engineering Department at 438-1161. If you challenge the tentative map and condominium permit in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad City Clerk's Office at or prior to the public hearing. APPELLANT: Pfeiffer PUBLISH: December 6, 1990 CARLSBAD CITY COUNCIL PRoJECT NAME M.S.849, PFEIFFER 6709 and 6711 CANTIL STREET . 34-2 DAVID R SIESSER 15257 E CAMPINA LANE LA MIRADA, CA 90638 z-/5- 2,70 - z4-0 2 36-2 MICHAEL B MARLOWE 6713 ANTILOPE ST CARLSBAD, CA 92008 -z/5-z7c-7LL? -02 39 JOHN W PFEIFFER 6711 CANTIL ST CARLSBAD, CA 92009 z/5-310-45 2-l OCCUPANT 2639 LUCIERNAGA ST CARLSBAD, CA 92009 215--*7JcJ -47-j 12-1 OCCUPANT 2711 LUCIERNAGA ST CARLSBAD, CA 92009 7/5-.7/O -.,.Y',j' 18-2 OCCUPANT 2723 ANTA CT. CARLSBAD, CA 92009 L',5-72i../& 29-2 OCCUPANT 6716 ANTILOPE CARLSBAD, CA 92009 z/s-2.90-39-82. 36-l OCCUPANT 6715 ANTILOPE CARLSBAD, CA 92009 Zt!i-- 24(-26-O/ 35 JOSEPH A FAUCHER 6709 ANTILOPE ST CARLSBAD, CA 92009 ;<, i', z q(p~~; 37 MARK & ALICE KAMMERMAN 1819 VOLUNTARY RD VISTA, CA 92084 z151290-27 2-2 OCCUPANT 2637 LUCIERNAGA ST CARLSBAD, CA 92009 ZI,S- 3/o- 47-Z 12-2 OCCUPANT 2713 LUCIERNAGA ST CARLSBAD, CA 92009 2 /T-z?//-_75 22-1 OCCUPANT 6717 CANTIL ST. CARLSBAD, CA 92009 2/5--?/c -44-r/ 34-1 OCCUPANT 6707 ANTILOPE CARLSBAD, CA 92009 2/s- 2 qr-z=f-81 38 OCCUPANT 6723 ANTILOPE CARLSBAD, CA 92009 2 /5-290-26 36-l FLOYD A SHEETS 1350 DESERT ROSE WAY OLIVENHAIN, CA 92024 z/.5- 23O-~~-C/ 38 CRAIG A RUSTAD 13311 PORTOFINO DR DEL MAR, CA 92014 z15- 2. 70 --z-8 4 OCCUPANT 2634 LUCIERNAGA ST. CARLSBAD, CA 92009 2/5-2P@-BL? 18-1 OCCUPANT 2725 ANTA CT. CARLSBAD, CA 92009 y/5-32(;-/&- 29-l OCCUPANT 6714 ANTILOPE CARLSBAD, CA 92009 c!/~~-zqo-39-0/ 34-2 OCCUPANT 6705 ANTILOPE CARLSBAD, CA 92009 2/>--,.?9L-z‘T-fz 39 OCCUPANT 6709CANTIL ST. CARLSBAD, CA 92009 2 /S-J/3 - -?G l-l SHAWN & THERESA SEENER 2645 LUCIERNAGA ST CARLSBAD, CA 92008 2/5-3/c -4&- 01 2-2 MICHAEL & JUDY EMKEN 5200 VISTA WEST COVE AUSTIN, TX 78731 z/s-3/o-47-02 5 MILDRED L BROWN 2638 LUCIERNAGA ST CARLSBAD, CA 92008 2 /s-3/0 -01 7-l CALVIN J LANG 2644 LUCIERNAGA ST CARLSBAD, CA 92009 22/g-3/G-O?-c/ 9 JOHN & DOROTHY FONLEY 1113 EVERETT PLACE ORANGE, CA 92667 2/s --T/d -65 11-l MIKE E RICHMOND 2719 LUCIERNAGA ST CARLSBAD, CA 92009 -2\5-31~>-3~~~, 13 JOHN T MISSANELLI 2705 LUCIERNAGA ST CARLSBAD, CA 92009 215-310-39 15 MOHAMMED R HARIRI 6483 RANCH0 PARK DRIVE SAN DIEGO, CA 92120 -r15--31.0-41 17-I,2 CONRAD & TINA TREJO 2726 ANTA COURT CARLSBAD, CA 92008 ~‘“-3lO-q3-+2 l-2 FAYE E JONES 2643 LUCIERNAGA ST CARLSBAD, CA 92008 z/s-3/l?-46-GZ 3 LOIS & LOVIN OWSLEY 2630 LUCIERNAGA ST CARLSBAD, CA 92009 Z/5-29d- 16 6-l MARY E TROXELL 2640 LUCIERNAGA ST CARLSBAD, CA 92008 2j~-310-02-01 7-2 STEVEN SUNSTEIN 2646 LUCIERNAGA ST CARLSBAD, CA 92009 2/f- 3/G -u3-0-Z IO-1 ROSETTA ELMORE 2718 LUCIERNAGA ST CARLSBAD, CA 92009 2/5-3/d-86 -01 II-2 HELENE M MITCHELL 2717 LUCIERNAGA ST CARLSBAD, CA 92009 215 - 73\0-31-c2 14-l ROBERT & ANN FERGUSON 6710 CANTIL ST LA COSTA, CA 92009 7215-3/o- 40-01 16-1 THOMAS M EATON pi' 2718 ANfTA COURT CARLSBAD, CA 92009 2 ls-3/o-qz-o/ 18-l LAUREL P BLASY 3005 CONNER WAY SAN DIEGO, CA 92117 Zl5-320-/f-o/ 2-l DAVID R SIESSER 15257 E CAMPINA LANE LA MIRADA, CA 90638 215 -3/a-47- D/ 4 ROBERT & ALICE JENSEN 8945 HORNEY AVE WHITTIER, CA 90603 2/5--29d--# 6-2 WILLIAM R ZIEGLER 2642 LUCIERNAGA ST CARLSBAD, CA 92008 2/5---3/U-CZ-dZ 8 JOHN BENCE 2702 LUCIERNAGA ST CARLSBAD, CA 92009 y/s -y/u - 04 IO-2 BRUCE TRUMPIS 2720 LUCIERNAGA ST CARLSBAD, CA 92009 "2/s - Y/O-D&-02 12 CHRISTOPHER STORC P.O. BOX 2936 VISTA, CA 92083 z I'; -3jc -.3< 14-2 COLIN E STILLWAGEN *6712 CANTIL ST LA COSTA, CA 92009 Zl5,:3/~- .qo-cz 16-2 NICK S SERVIN 2716 ANTA COURT CARLSBAD, CA 92009 zr5-31c- y2-02 18-2 ALLEN D LEMAIRE 275 LA COSTA AVE LEUCADIA, CA 92024 ';rl5-::2o-lg-o~~ 19 PATRICIA A GATES 2717 ANTA COURT CARLSBAD, CA 92009 2fS-3?0-/~ 21-1 PAUL 3 BRISLINGER 6734 CANTIL ST CARLSBAD, CA 92008 Zf5--:;‘: 0-/5-c,/ ,, 22-2 ALIASGHAR MAJIDISHAD 6715 CANTIL ST CARLSBAD, CA 92008 z/s- 3i&q-j -c,z 24-l JACQUELINE GRABEL 6729 CANTIL ST CARLSBAD, CA 92008 2 15. 320-o 2~. <,), 25-2 CHARLES A ROPER 6733 CANTIL ST CARLSBAD, CA 92009 - ,., I 3 2 7:. ,/ - 1 _ y c _, 0 _ . \..~ _ 27-2 SHERI L CLARKE 6724 ANTILOPE ST CARLSBAD, CA 92009 z/5* :? "2 - g/-o2 29-l RICHARD VAN GOETHEM 6565 PASEO FRONTERA CARLSBAD, CA 92009 7 I 5 - 7 cqo-3q-GI 31 IRENE G k7ILLIAMS 7610 SETON HALL ST LA MESA, CA 92041 Z/5-2~c- 37 33-l DONALD R HOUSER 6703 ANTILOPE ST CARLSBAD, CA 92008 z/5-290-2,3-c)/ #E 20-l PAUL & SHARON LOBERG 2705 ANTA COURT CARLSBAD, CA 92008 515 -- 3zc:- h-01 I 21-2 THERESA M WATSON 6736 CANTIL ST CARLSBAD, CA 92009 ZlS-..~>.t-1s-:-7 II 23-1 DAVID H KAPLAN 6723 CANTIL ST CARLSBAD, CA 92008 "l5-~ZO-O/-0~ 24-2 MICHAEL MC CARTHY 6727 CANTIL ST CARLSBAD, CA 92008 z/5- 2 I? 5-\::i,-~z., 26 HENRY W WALPUSKI 6726 ANTILOPE ST CARLSBAD, CA 92009 z. I s- z.90-4z 28-l JAMES & JOAN CROSBY 19532 SHIRLEY COURT TARZANA, CA 91356 Zl5. L-?c, .q(g -0, 29-2 MAXWELL FIELDING 1 SIR KENNETH COURT NORTHPORT, NY 11768 -2~5--2c/0-~~.~ 2 32-l GEORGE R CHAPIN 6702 ANTILOPE ST CARLSBAD, CA 92000 -,/se 2 c/3- .jG..Q/ 33-2 AMY MODICA 6701 ANTILOPE ST CARLSBAD, CA 92009 -z ,5-2,7‘3.. -zT>-[; 2 20-Z KATHY U TOOSBUY 6720 CANTIL ST CARLSBAD, CA 92008 z\5-320-lb-02 22-l DALE L SCHNEIDER 3891 MAHINAHINA LA HINA, HI 96761 x15 :~,J~--+-~ -:> 1 23-2 ERIC A PELLATON 6721 CANTIL ST CARLSBAD, CA 92008 z/5-320 -01-c z 25-l JACK L LOWENTROUT 6735 CANTIL ST CARLSBAD, CA 92008 Z15-.T2Tc_\-03-~1 27-l PENNY YASUDA 6722 ANTILOPE ST CARLSBAD, CA 92008 z I.S- -3, =/ 0-y /-o, 28-2 MICHAEL L DIERDORFF 6720 ANTILOPE ST CARLSBAD, CA 92008 Zl5-2qc; -9o-OL 30 JEAN CHEKERDJIAN 6710 ANTILOPE ST CARLSBAD, CA 92009 2 , ;- ~ _ 5. ')c _ 3 ff 32-2 EDWARD RAMSEY 6704 ANTILOPE ST CARLSBAD, CA 92009 ZIS- ZiyJ. .'I5-,(!2 34-l MICHAEL R EMKEN 5200 VISTA WEST COVE AUSTIN, TX 78731 z15--2?0-z4-0/ Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of San Diego County Mail all correspondence regarding public notice advertising to N.C.C.N. Inc. P.O. Box 878, Encinitas, CA 92024 (619) 753-6543 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 weekly in the City of Carlsbad, County of San 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, printed and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next 6,~~$;:,.&‘r’bi’&* ;.* preceding the date of publication of the --&?I; i!;;:r::,“, 1~ ‘: notice hereinafter referred to; and that the .,, ~~~~~~~~ notice of which the annexed is a printed *.* 2 copy, has been published in each regular I and entireissueof said newspaper and not in any supplement thereof on the follow- ing dates, to-wit: r44* pwc i ‘:?;~:,I !,~ wycouI(QL December 13 1%Q..- 19- 19- d 19--- 19- I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of Cali- I- Cl&k of the Printer Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of San Diego County Mail all correspondence regarding public notice advertising to N.C.C.N. Inc. P.O. Box 878, Encinitas, CA 92024 (619) 753-6543 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 weekly in the City of Carlsbad, County of San Diego, Stateof 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, printed and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next NOTICE OF PUBLIC #EARING AWEAL--yINOR 8”BDI”IION NO. e4Ll A 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 entireissueof said newspaper and not in any supplement thereof on the follow- ing dates, to-wit: DECEMBER 6 19x 19- 19- 19- I certify under penalty of perjury that the foregoing is hue and correct. Executed at Carlsbad, County of San Diego, State of Cali- fornia on THE 6TH day of DECEMBER, 1990 Prod of F’ublication 6/w NDLA Clerk of the Printer ! CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008 I i . 438-5621 RECW FROM JTOAJAJ /AJ. y,u’&/‘/q~&< ACCOUNT NO. DESCRIPTION AMOUNT I L/‘s/‘g/u.LIy-i/u-gg3 L'h/G /K/&i~#7& &J//c-# t- RECEIPT NO. 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the City Clerk TELEPHONE (619) 434.2808 DATE: November 16, 1990 TO: Bob Woicik - Engineering FROM: Karen Kundtz - Clerk's Office RE: Minor Subdivsion No. 849 - Pfeiffer THE ABOVE ITEM HAS BEEN APPEALED TO THE CITY COUNCIL. According to the Municipal Code, appeals must be heard by the City Council within 30 days of the date that the appeal was filed. (REMINDER: The item will not be noticed in the newspaper until the agenda bill is signed off by all parties.) - Please process this item in accordance with the procedures contained in the Agenda Bill Preparation Manual. If you have any questions, please call. The appeal of the above matter should be scheduled for the City Council Meeting of Signature Date LAW ClFFlCES OF HAROLDC.POPE 4275 EXECUTIYE 54UARE. S"lTE m LA JOUA CAUFORNIA 92037 November 16, 1990 City Clerk City of Carl&ad 1200 Elm Avenue Carlsbad, California 92008 Re: Prowosed Minor Subdivision No. 849 Dear Madame: I represent Mr. John W. Pfeiffer, the applicant for Proposed Minor Subdivision No. 849. By this letter, Mr. Pfeiffer is appealing the denial of approval for the Proposed Minor Subdivision by the Engineering Department as set forth in the letter of November 7, 1990 from Mr. Wojcik to Mr. Lukoski, a copy of which is attached hereto, and the denial of Condominium Permit dated October 10, 1990 by the Planning Department, a copy of which is attached. Objection is made to the determinations for the following reasons: 1. The lot was approved for a duplex with a setback twenty feet from the curb line, as shown in the plot map approved by the City of Carlsbad, January 3, 1984. Prior to construction this could have been changed. It appears also that the Building Inspector for the City of Carlsbad, as shown in the Inspection Sheet signed in October, 1984, approved the siting. This was after the concrete was poured. Presumably there must have been good reason for allowing the exception, perhaps the fact that there was no other house or driveway facing the adjacent street from the driveway of the Pfeiffers for 120 feet or more to the corner, or other reason allowable under the flexible setback standard of City Code Section 21.45.090(b)(2)(D). 2. The building on the property is a duplex, and it is currently occupied by the owners and another family. The owners wish to sell the unit they do not occupy and this was their intention at the time the duplex was purchased in 1988. Due to lender requirements, in order to finance separate sale of one of the units it is necessary to condominize the duplex. No change in use or exterior structure will occur if the proposed minor subdivision is allowed. There is screening on both sides of the driveway. City Clerk November 16, 1990 Page 2 3. There are no other houses or driveways facing the street on the same side of the adjacent street as the subject property for more than 120 feet, so there is ample room for five guest cars to park, and only one is required by the ordinances. In any case, the garage is sufficiently large to permit a guest car to be parked in the garage as a three-car garage. Finally at the present time, as is permissable for a duplex, cars do park in the driveway, which is screened from both sides, and this creates no problem. 4. The ordinance requiring guest parking for a two-unit condominium project but not for a two-unit duplex is irrational and unreasonable. In either case the same requirements for parking should apply as there is the same use, and the allowed occupation density is the same. 5. Application of the setback and guest parking ordinance to this property is oppressive in that it prevents financing and resale of the units to separate parties and sup- presses property value without any concomitant public advantage. Formal points aside, the real problem is that the duplex was acquired after construction by a husband and wife now ready for retirement with limited funds who need to limit the amount of mortgage payments on the property, and if possible realize some of the increase in equity in order to fund retirement. The use of the property will be identical to the current use, but change of ownership is not possible without condominization because banks will not finance the purchase of one-half of a duplex unless condominized. There is ample on-street parking adjacent to the property, if required. Parking in the driveway by one car occurs now. It would be possible to provide for the guest parking in the garage. Any allowance of the conversion will be an accommodation applied to a property which was non-conforming as to the applicable setback requirement for a duplex at the time the property was initially approved. It is an exceptional case, and provision for relief need not set a precedent in other cases. Therefore, a nonconforming use should be allowed. At the hearing we will wish to show maps and photographs of the subject property and adjacent areas. 10304.ltr City Clerk November 16, 1990 Page 3 Should you have any questions or comments, please telephone me. HCP:caj cc: Mr. and Mrs. John W. Pfeiffer Mr. Joe Lukoski Mr. Robert J. Wojcik 10304.ltr 6194532813; # 2 _-. ;11- 7-90 B:59PM : “City of Carisbad . November 7,199O Joe Lukoski P.O. Box 1733 C&bad, California 92008 PROPOSED Ml-NOR SUBDMSION NO. 849 Whereas a review of the preliminary decision to disapprove the tentative map was requested by the appropriate date and whereas a review was held on October 30, 1990; and whereas negative findings delineated by Section 20,24.130(4) of the Carlsbad Municipal Code have been made; a final dedsion has been made to disapprove rhe subject tentative map for the reasons stated below: 1. The Planning Department cannot approve the condominium permit because the existing structure does not meet requirements for front yard set back and guest perking as required by Carlsbad Municipal Code, Section 21.45.090(b)(2)@) and Secdon 21.45.090(d)(2). As par our discussion at the review, you may appeal the decision. Since this is a dcdsion of the City Engineer the appeal must be before the City Council. To appeal you should file a letter of request with the City Clerk within 10 days of the date of this letter. In your letter reference the Minor Subdivision No. 849. Also nccompany the letter with a Eiing fee of $470.00. The hearing of your appeal will be a public hearing held within 30 days of the Sling of the appeal. 04-64Gjail ROBERT J. WOJCIK Principal Civil Engineer c: John W. Pfeiffer 2076 Las Palmas Drtve l Carlebad. California 92nnn In-^ ;ii-13-90 4:42PM ; 240693 6194532813; R 2 October 10, 1990 John W. Ptei~er 6711 Cantll Street Carfsba.d, CA 92009 RE: CONDOMINIUM PERMIT 90-09 Dear Mr. Pfeiffer: The Condominium Permit that you have applied for has been denied. This decision is based on the requirements of the Zoning Ordinance rhat conversions of existing buitdlngs to a condominium shall meet the developmental standards of the PMnned Development Ordinance (21.45.700). The present setback of your structure is 75 feet which does not meet the standard of a 20 foot mlnlmum front yard setback (21.45.O9O(b)(2)(l3)). Upon conversion, guest parking must be provided on s/t& The ordinance requires one space per two units end may provlde for their guest parking space as a tandem parking space in front of the garage if the garage is set back a minimum of twenty feet fmm the property line (21,45.090(d)(2)). Your site does not meet this minimum and therefore, guest parking cannot be met. I have recommended denial of this project to the Engineering Department. If you have any questions, please feel free to oak me at 438-1161, extension 4325. Sin erely, s 4+’ VAN LYNCH Planning Technician c: ~2&!!iZi?3 Joseph K. Lukoski PO Box 1733 Cartsbad, CA 92008 ’ VL:/h pfeifier./tr 2075 Las Palmas Drive l t?sr\ckrti c-t;rc-L:- n---F” ._~~.