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HomeMy WebLinkAbout1991-05-07; City Council; 11144; APPEAL OF A PLANNING COMMISSION DECISION UPHOLDING A PLANNING DIRECTOR DECISION DENYING AN ADMINSTRATIVE VARIANCE - AV 90-5 - FLAMING* C 0 'v) et *g u o M G G (d 4 '2 PI & a, u W *A M d 4 0 s p-l 3 u m A5 CnE -3 -a -Is ha ca, wa. 0 oa, F' 2 c, a, -rl UM(d .", -4 .z hU u .rl M am 3s d -4 E GaJ (d uv a, VIhU 5a w a.3 4v 0 M (da h TI h (d a,Gh EZ? su a, ou (d uu a, a, -4 d u *rl uaa ou as (d .d 0 uu (d .rl G .rl a0 a, w z: 4 .3G SU a -I -In m\ r.d \\ mm 1-3 z 0 4 -I 0 z 3 0 0 I 0' - z CIT~F CARLSBAD - AGEN~BILL P f DECISION UPHOLDING A PLANNING DIRECTOR T APPEAL OF A PLANNING COMMISSION AB#I[I(L1L( TITLE: MTG. 5/7/91 DECISION DENYING AN ADMINISTRATIVE DEPT. PLN VARIANCE - AV 90-5 - FLAMING RECOMMENDED ACTION: Both the Planning Commission and staff are recommending tha City Council direct the City Attorney to prepare docu UPHOLDING the denial of Administrative Variance 90-5. ITEM EXPLANATION On February 20, 1991, the Planning Commission upheld (7. Planning Director decision denying an Administrative Varian allow for a reduced front yard setback of 10.3' for a s family residence. The property is located at 2815 Wilson S between Buena Vista Way and Forrest Avenue in the R-1-7500 This project began as a retaining wall that was built over h and a garage addition. The single car garage addition t existing two car garage reduced the required front yard setba 10.3'. Both, the retaining wall and garage addition, were without building permits. Prior to the Planning Commi meeting of February 20, 1991, the applicant lowered the reta wall to a conforming height of 38" and an above g encroachment permit has been issued by the City. remaining is the garage addition. The subject property is approximately 13,000 sq.ft. in area a single family home that covers 15% of the lot. There is sq.ft. of usable rear yard that is not topographi constrained, The property has a side yard setback of 14.5' is gated to allow passage to the rear yard. In May of 1974 of the subject property's frontage was dedicated to the Ci Carlsbad for the public right-of-way. At this time,the ori garage had a 20' required front yard setback. The addition t existing garage reduced the front yard setback to 10.3 I e adjacent property to the south now has a front yard setba 20', but has not dedicated 10' for the public right-of-way. Denial of the Administrative Variance request requires tha applicant remove the single car addition, thereby maintain two car garage, to reestablish the 20' front yard setback. ENVIRONMENTAL REVIEW No environmental review was performed since ministerial pro are exempt from the requirements of CEQA. The only & t e 0 PAGE 2 OF AGENDA BILL NO. I'; I4L1 FISCAL IMPACT None, EXHIBITS 1. Location Map 2. Planning Commission Resolution No. 3088 4. Excerpts from Planning Commission Minutes dated Feb, 20, 1 5. Letter of Appeal 6. LErTEn FRo- DRAPLE~ 5. G~ANDO~ 014~e.0 5/7/q/, 3. Staff Report dated Feb. 20, 1991 w/attachments A 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 0 0 PLANNING COMMISSION RESOLUTION NO. 3088 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY 01 CARLSBAD, CALIFORNIA, UPHOLDING THE PLANNING DIRECTOR'! DECISION TO DENY AN ADMINISTRATIVE, VARIANCE TO ALLOW FOR A FRONT YARD SETBACK OF 10.3' LOCATED AT 2815 WILSON STREET. CASE NAME: FLAMING 54" RETAINING WALL IN THE PUBLIC RIGHT-OF-WAY AND A REDUCE1 CASE NO.: AV 90-5 WHEREAS, a verified application for certain property, to wit: Parcel 1 of parcel map #2624, filed May 7,1974 in the office of the Count Recorder of San Diego County has been filed with the City of Carlsbad, and referred to the Planning Commiss WHEREAS, said verified application constitutes a request as provided by of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 20th day of February, 15 I' a duly noticed public hearing as prescribed by law to consider said request; an WHEREAS, at said public hearing, upon hearing and considering all testin arguments, if any, of all persons desiring to be heard, said Commission consi factors relating to AV 90-5. 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Codssi '1 I I City of Carlsbad as follows: A) That the above recitations are true and correct. ' B) That based on the evidence presented at the public hearing, the Co 1 upholds the Planning Director's decision to deny AV 90-5, based on the findings: Findings: 1. There are not exceptional or extraordinary circumstances or conditions i to the property or to the intended use that do not apply generally to property or class of use in the same vicinity and zone, because the subjec is similar in shape and size to other developed properties in the vicinity ( topographically constrained. I /I 1 I! a 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 e 2. The requested variance is not necessary for the preservation and enjoym zone but which is denied to the property in question because the lot t sufficient areas that are suitable for buildings and placement of the dwelling does not preclude access to usable areas in the rear of the dwelli PASSED, APPROVED, AND ADOPTED at a regular meeting of the F Commission of the City of Carlsbad, California, held on the 20th day of Februar by the following vote, to wit: substantial property right possessed by other properties in the same vicii Chairperson Holmes, Commissioners: Schlehuber, Sc McFadden, Erwin, Marcus & Hall. AYES: NOES: None. ABSENT: None. ABSTAIN: None. ROBERT HOLMES, Chairperson CARLSBAD PLANNING COMMISSION I l7 18 19 20 21 22 23 24 ! ATTEST: '1 I //l\;, I/ uu - j MICHAEL J. HOLAILLM ~ PLANNING DIRECTOR I i 25 I 26 27 28 ' PC RES0 NO. 3088 -2 - I FLAMING RESIDENCE L AV 90-05 t W a& e I 0 MEMO DATE: FEBRUARY 20, 1991 TO: PLANNING COMMISSION FRQM: PLANNING DEPARTMENT SUBJECT: AV 90-5 - WNG - An appeal to the Planning Commission of a Plannir Director's decision denying an Administrative Variance to: (1) allow tl: required front yard setback of 20' to be reduced to 10.3'' and (2) to all0 a retaining wall in the public right-of-way to exceed the maximum WE height of 42" to a height of 54". The property is located at 2815 Wilsc Street between Buena Vista Way and Forrest Avenue in Local Facilitic Management Zone 1. This memo is an update of the current status of pending Administrative Variance 90-5. TI applicant has submitted proof that the retaining wall has been lowered to a height of 38 February 11, 1991 vL:h a a APPLICATLuN COMPLETE DATE: May 17. 1990 a I w STAFF REPORT DATE: FEBRUARY 20, 1991 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: AV 90-5 - FLAMING - An appeal to the Planning Cornmission of a Planning Director's decision denying an Administrative Variance to: (1) allow the required front yard setback of 20' to be reduced to 10.3', and (2) to allow a retaining wall in the public right-of-way to exceed the maximum wall height of 42" to a height of 54". The property is located at 2815 Wilson Street between Buena Vista Way and Forrest Avenue in Local Facilities Management Zone 1. I. RECOMMENDATION That the Planning Commission ADOPT Resolution No. 3088 upholding the Planning Director's decision to deny Administrative Variance 90-5 based on the findings contained therein. 11. PROJECX DESCRIPTION AND BACKGROUND The parcel is located on the west side of Wilson Street in the R-1-7500 zone. The lot is approximately 13,300 sq. ft. in size and contains a one-story single-family dwelling, which covers approximately 15% of the lot. The surrounding neighborhood is developed with one-story single- family residences, on similar sized lots. This project began as a garage addition and retaining wall that was built without permits in mid- 1987. A complaint was filed with the City of Carlsbad and a Notice of Violation and Order to Remove the wall and addition was given to the property owner. The property owner submitted plans to obtain permits for the project in November of 1987. These plans were not approved because a variance needed to be processed. During this time, legal action was taken to have the addition and retaining wall removed. Both municipal and superior courts ruled in favor of the City of Carlsbad and gave the property owner Notice to Remove the addition and retaining wall, or obtain applicable permits for the structures. Mer much delay, the applicant submitted for an Administrative Variance on April 10, 1990. On June 28, 1990, the Planning Director denied the request for an Administrative Variance. The applicant subsequently filed an appeal in early July 1990 and staff tentatively scheduled the appeal for Planning Commission hearing on September 5, 1990. Prior to noticing the hearing, the applicant, because of a death in the family, requested and was granted an extension by staff. b I AV 90-5 - FLAMING e FEBRUARY 20, 1991 PAGE 2 In May of 1974,lO’ of property frontage was granted to the City of Carlsbad for the public right-of-way. At this time, the original garage had a 20’ required front yard setback. The addition to the existing garage reduced the front yard setback to 10.3’. The adjacent property to the south now has a front yard setback of 2O’, but has not dedicated 10’ for the public right-of-way. 111. ANALYSIS Planning - Issues 1) Can the four mandatory findings for approval of a variance be found in this case? They are as follows: a) Are there exceptional or extraordinary circumstances applicable to the property that do not apply to other properties in the same vicinity and zone? Is the granting of this variance necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and zone? Will this variance be detrimental to other properties in the vicinity? Will this variance adversely affect the comprehensive General Plan? b) c) d) DISCUSSION The applicant is requesting an Administrative Variance to allow a reduced front yard setback of 10.3’ from the required 20’ and to allow for a retaining wall to exceed the maximum height allowed of 42” to a height of 54”. Staff feels it cannot make the necessary findings required to justify the variance. There are no exceptional circumstances applicable to the property. The subject property is similar in shape and size to other developed properties in the vicinity. The property is gently sloping downward away from Wilson Street but not to the extent that any portion of the property is topographically cons trained. The granting of the variance is not necessary for the preservation of a property right enjoyed by others in the same area. No other property owners have legal structures in the required front yard setback in this vicinity. The lot area is approximately 13,000 sq. ft. with a lot coverage of 15%. There is 8,000 sq. ft. of useable rear yard that is not topographically constrained. The property has a side yard setback of 14.5’ which is gated to allow passage to the rear yard. . I AV 90-5 - FLAMING 0 0 FEBRUARY 20, 1991 PAGE 3 The granting of this variance will 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 the retaining wall in the public right-of-way creates a hazard to pedestrians and restricts the sight visibility of vehicles exiting the site. The granting of this variance will adversely affect the comprehensive General Plan by creating incompatibility within the R-1 zone by permitting a 54" wall in the public right-of- way and by allowing a reduction of the required front yard setback. Approval of this variance could set a precedent for the surrounding neighborhood and encourage other property owners to apply for variances of the same nature. In summary, since the four findings necessary to grant the variance cannot be made, staff therefore recommends denial of Administrative Variance 90-5. Iv. ENVIRONMENTAL REVIEW This project is statutorily exempt from environmental review because the California Environmental Quality Act does not apply to projects which a public agency rejects or disapproves (Section 15270(a) CEQA Guidelines). ATTACHMENTS 1. 2. Location Map 3. Background Data Sheet 4. Disclosure Form 5. Variance Justification Form 6. 7. Planning Commission Resolution No. 3088 Letter of appeal, dated July 10, 1990 Exhibit "A", dated September 5, 1990 July 24, 1990 February 1, 1991 VL:rV0 I 0 BACKGROUND DATA SHEET CASE NO: AV 90-5 APPLICANT: Rodger Flaming REQUEST AND LOCATION: Reduced front yard setback from 20' to 10,3' and to increase wall heizht in public rinht-of-wav from 42" to 54" LEGAL DESCRIPTION: Parcel 1 of Parcel MaD 2624, Filed May 7, 1974 APN: 156-142-13 Acres .3 Proposed No. of Lots/Units 1 GENERAL PLAN AND ZONING Land Use Designation RLM Density Allowed 3.2 Du/acre Density Proposed N/A Existing Zone R-1-7500 Proposed Zone N/A Surrounding Zoning and Land Use: Zoning Land Use Site R-1-7500 RLM North R-1-7500 RLM South R-1-7500 RLM East R-1-9500 RLM West R-1-7500 RLM PUBLIC FACILITIES School District Carlsbad Water Carlsbad Sewer Carlsbad EDU's N/A Public Facilities Fee Agreement, Date ENVIRONMENTAL IMPACT ASSESSMENT Negative Declaration, issued E.I.R. Certified, dated Other, 1 e 0 DISCLOSURE FORM APPLICANT: RODGZ3 L . FLA!cI?I::G Name (individual, ~BH~P]zX~~&%~X~~~~WJ&~$X~~~~R+~ Business Address 619- 434-4083 Telephone Number 781 5 1,Ji Ison >b. -+ CarlsSaCi, CA 92008 AGENT: Dofi Agate? Name 2956 ~oosevelt St. Suite 81 Carlsbad, CA ?2028 Business Address 619-434-1056 Telephone Number MEMBERS: Name (individual, partner, joint Home Address venture, corporation, syndication) Business Address Telephone Number Telephone Number Name Home Address Business Address Telephone Number Telephone N urn ber (Attach more sheets if necessary) I/We understand that if this project is located in the Coastal Zone, I/we wil for Coastal Commission Approval prior to development. I/We acknowledge that in the process of reviewing this application, it I necessary for members of City Staff, Planning Commissioners, Design RevieH members, or City Council members to inspect and enter the property that subject of this application. I/We declare under penalty of perjury that the information contained in this dis is true and correct and that it will remain true and correct and may be relie as being true and correct until amended. IlWe consent to entry for this purpose. R4fi APPLICANT Z?d BY Aceat., olwne*, Rav' * l e 0 JUSTIFICATION FOR VARIANCE By law a Variance may be approved only if certain facts are found to exi Please read these requirements carefully and explain how the proposed proj meets each of these facts. Use additional sheets if necessary. 1. Explain why there are exceptional or extraordinary circumstances conditions applicable to the property or to the intended use that do not ar generally to the other property or class of use in the same vicinity and zc Pro;jeri;y adjacent to ?ne southcogtains a structure which is from Wilsoil St, the same distance as the sarage on my pTo9er' land dedicatedLto the Citi for Wilson St, My garage is closz e souLn. iviy n ~ e = u- 3 -n D ( tne Wilson St 1 ine tnan my neignDor to tn mPPt.s thp s;pt.harK ~~r~:iir~rn~nt,s c px2~nlp - 2nnr0,. Y im2+Q'lr . ,., 20 0 ,pet As A rps, %] 7 I f , nf ad-jii-,n. -I - 2. Explain why such variance is necessary for the preservation and enjoym of a substantial property right possessed by other property in the same vicin and zone but which is denied to the property in question: The property to the south, enjoys a setback that appears tc City requirements. IV!y garage 1s in line wltn tn e property LC +he 901, h Th~_LOCl=+ir\n A f the ~-7r~pp ,A,, '11 nnf- 2 ffppt c 1- p rights of my adJacent property owners. The wall is a retain: wall t %at has been constructee=:below the elevation oi' t5e st1 T1:e zarage is accessed by a driveway which does not back ontc Wilson St. - -- .-. u "- Addma1 1 - .. la1 ~oecc tn Wilt -. e -- .. 3. Explain why the granting of such variance will not be materially detrirnen to the public welfare or injurious to the property or improvements in s vicinity and zone in which the property is located: Granting a "Variance" will not change the General Plan or thc in the neighSorhood. The retaining wall will not adversely - onto Wilson St. traffir ri-n nil1 the ilrivewaxr nreolii& qfa n-ta -1- - - I- -- __ 4. Explain why the granting of such variance will not adversely affect comprehensive plan: Granting the requested "Variance" will not increase density r intensity of' tlie adopted comprehensive General Yl an. Thore ic. rl~rrpntlv nrt~ sinvle L&v 4-- house on the Dl?OPeI't!l the addition to the structure provides an additional covered parking space - Irom bwo coverv~ spaces b" b~lLc=t= Lwm=Lcu 3ra u ARFRM0004. February 20, 1991 PLANNING COMMISSION Page 7 '3 ere being no other persons desiring to address the Co ission on this topic, Chairman Holmes declared the public testi ony closed and opened the item for discussion among the Commi ion members. Commissi \ er Marcus is concerned about Condition #6. She hopes thah the area would be free of trash after the facility is closed as well. She would like the condition reworded. Commissioner Hall stated that in Encinitas a foodlbeverage truck is present the entire time the hiring center is open. He is concerned that there will only be two parking spaces €or potential employers. Anne Hysong, Assistant Planner, replied that there will be additional parking along the side of the road. Commissioner Hall questioned the need for picnic tables. Cynthia Haas, Senior Management Analyst, replied that picnic tables would provide a place for people to sit while they are waiting. Commissioner Hall inquired where the food/beverage truck would be located. Ms. Haas replied that a specific location has not yet been determined. Commissioner McFadden visited the site recently and noticed four trucks parked for eight hours on the access road. She is concerned that this will eliminate parking needed for the center. Anne Hysong, Assistant Planner, replied that Coast Waste Management is in the process of amending their CUP to provide additional on-site parking. Robert Green, Principal Planner, added that this amendment should be coming through within two months and staff will take this item into consideration. Motion was duly made, seconded, and carried to adopt Planning Commission Resolution No. 3190 approving CUP 90-13 based upon the findings and subject to the conditions contained therein, with a revision to Finding fl eliminating the reference to undocumented workers. Commissioner Schramm would like to hear a staff report after the hiring center has been in operation for one year. * RECESS The Planning Commission recessed at 7:Ol p.m. and reconvened at 7:11 p.m. 5) AV 90-5 - FLAMING - An appeal to the Planning Commission of the Planning Director's decision denying an Administrative Variance to: (1) allow the required front yard setback of 20' to be reduced to 10.3', and (2) to allow a retaining wall in the public right-of-way to exceed the maximum wall height of 42" to a height of 54". The property is located at 2815 Wilson Street between Buena Vista Way and Forrest Avenue in Local Facilities Management Zone 1. Robert Green, Principal Planner, reviewed the background of the request and stated that in 1974, the previous owner of this property granted 10' of frontage to the City of Carlsbad for the public right-of-way. At this time, the original garage had a 20' required front yard setback. This project COMMISSIONERS Erwin Hall Holmes Marcus McFadden Schlehuber Schramm began as a garage addition and retaining wall that was built without permits in mid-1987. The addition to the original garage encroached into the front yard setback 10.3'. Since 1987, legal action was taken to have the garage addition and retaining wall removed. Both municipal and superior courts ruled in favor of the City of Carlsbad and gave the property owner Notice to Remove the addition and retaining wall or obtain applicable permits for the structures. The applicant submitted a request for an Administrative Variance in April 1990 which the Planning Director subsequently denied. The February 20, 1991 PLANNING COMMISSION applicant has filed an appeal. mandatory findings for an administrative variance and is Staff cannot make two of the recommending that the denial be upheld. Chairman Holmes requested that the record show he holds a petition bearing 14 signatures in favor of the variance. In addition, he holds a letter from Bradley Brandow, 2803 Wilson Street, objecting to the variance. Chairman Holmes opened the public testimony and issued the invitation to speak. Don Agatep, speaking on behalf of the applicant, addressed I the Commission and stated that he feels an Administrative Variance would have been granted for a garage in its present location had the permit been obtained prior to construction. The original house was built in 1974 with a radial driveway, which is presumed to be more safe than other driveways because it does not have traffic and pedestrian conflicts. When the garage was built, the owner mistakenly believed that the corner points on Wilson Street were 10' further towards the center line than they are in reality. Mr. Agatep feels that if this were a new project, staff could make the findings for a variance for a driveway which does not have direct access to the public street. under the Planned Development Ordinance, structures within 10' of a right-of-way that do not have direct access to a public street are permitted. A variance is the only method to achieve this same objective on a single family residence. The PUD ordinance states that the Planning Director may allow up to a 75% reduction of the required front yard setback provided that (a) the public health, welfare, and safety are satisfied; and (b) vehicular and pedestrian traffic are not impeded or endangered. Mr. Agatep stated that Mr. Flaming's garage is in the exact same location as the property next door. The only difference is that the property owner to the south has not yet dedicated his 10' of right-of-way. Further, when the City is ready to widen Wilson Street, they will discover that there are many other homes along the street which will also encroach into the proposed right-of-way. Mr. Agatep urged the Commission's consideration of Mr. Flaming's request for an Administrative Variance. Chairman Holmes inquired how long Mr. Flaming had owned the home. Mr. Agatep replied that Mr. Flaming was not the original owner; Bradley Brandow, 2803 Wilson Street, Carlsbad, addressed the Commission and stated that he was originally opposed to the variance because the structure was not built to code; however, he no longer opposes the variance. He asked the He stated that he purchased the home in 1981. COMMISSIONERS 1 February 20, 1991 PLANNING COMMISSION Commission if a variance in this instance would set a precedent for the neighborhood. issued, he would like to know who would inspect the garage to see that the foundation, framing, electrical, etc. meet the City code. Robert Green, Principal Planner, replied that the City has visited the site with a building inspector to preliminarily review the structure. After a visual inspection, the building inspector did not see any obvious violations; however, a much more thorough review would have to be made for determining building regulation compliance. variance should be issued, it would, in fact, set a precedent. Ron Ball, Assistant City Attorney, commented that each parcel of property is considered unique. The Planning Commission should judge each application for a variance on the merits of the individual property. The Commission need not be concerned with building permits because these are ministerial in nature. that the structure complies with the code. There being no other persons desiring to address the Commission on this topic, Chairman Holmes declared the public testimony closed and opened the item for discussion among the Commission members. Commissioner McPadden inquired if the right-of -way is incomplete on Wilson Street. Bob Wojcik, Principal Engineer, replied that this is correct. The original street only had a required right-of-way of 40'; the current standard is 60'. Commissioner McFadden inquired about the length of Wilson Street and the ADT's. Mr. Wojcik replied that Wilson Street is two blocks long, with openings on both ends. There are approximately 20 homes and each side of the street and the ADT's would calculate out at about 400. Commissioner McFadden inquired when the right-of-way must be granted. Mr. Wojcik replied that the right-of-way can be obtained by the City if the property owner requests a building permit in excess of $20,000 value, if the property is subdivided or developed with some type of discretionary permit, or if an assessment district is created. Commissioner McFadden inquired when staff believes this street might be built to standard. Mr. Wojcik replied that there is nothing in the CIP to do anything on Wilson Street and that is all that he can offer. Assuming a variance is If a If a variance is approved, the City will ensure Commissioner Schlehuber doesn' t see Wilson Street as becoming a main thoroughfare; however, setting a precedent in this matter could complicate things. He sympathizes with the applicant, and would like to somehow help him, but he believes that the standard must be maintained. Commissioner Marcus asked the City Attorney to comment on Mr. Agatep's comments. Ron Ball, Assistant City Attorney, replied that the Planning Director has already exercised his discretion and denied the request. Tonight's action is an appeal. Commissioner Marcus stated that she would like to help Mr. Flaming but does not see how the findings can be made. Commissioner McFadden asked the City Attorney if the right-of-way could be used temporarily and how that is done. Ron Ball, Assistant City Attorney, replied that it is done by COMMISSIONERS : I February 20, 1991 PLANNING COMMISSION COMMISSIONERS . an Encroachment or Right-of-way Permit and must be issued by the City Council. Commissioner Schlehuber inquired if the motion could state that the Planning Commission recornends an Encroachment Permit. Mr. Ball replied that an Encroachment Permit must be issued on the wall in order to let it stay; however, the garage is not on City property. feels that Mr. Flaming is definitely in the wrong but since he doesn't see Wilson Street becoming very traffic laden, Commissioner Schlehuber would like to see if there is a way to help him. Robert Green, Principal Planner, advised the Commissioners that because the wall has been lowered by the applicant, this variance now only applies to the garage. made, he requested that Finding W3 and #4 be modified to strike the reference to the wall. Motion was duly made, seconded, and carried to adopt Erwin Resolution No. 3088 upholding the Planning Director's Hall decision to deny Administrative Variance 90-5 based on an inability to make Findings #1 and 92 in the affirmative, Commissioner Schlehuber When the motion is Holmes Marcus Schlehuber Schramm ' and striking Findings t3 and #4. McFadden Commissioner Schrm requested that the record show she was in favor of leaving in Findings 113 and 11.4 because she feels that the staff memo clarified the situation with the wall. 6) CUP 90-11 - STATE FARM INSURANCE SERVICE CENTER - Request for a Conditional Use Permit to allow a 17,000 square foot claims service center within Phase I of the Airport Business Center (Specific Plan 181). Elaine Slackburn, Associate Planner, reviewed the background of the request and stated that the applicant is requesting a Conditional Use Permit to develop an insurance claims center consisting of a single-story building with a drive-thru inspection area of 1,381 s.f. for vehicle inspections. Planned Industrial Permit is also being requested and referred to the Planning Commission by the Planning Director. The Planning Department recommends that revisions be made to enhance the building elevations and/or roof line, however the applicant has not agreed to revise the elevations. Other than the elevation revision, all project issues have been resolved. With concurrence by the Planning Commission, staff has included Condition #33 to Resolution No. 3189 requiring that prior to the issuance of a building permit, revised structural elevations for PIP 90-4 be submitted for the approval of the Planning Director. approval. Commissioner Erwin inquired if the building will be visible from Palomar Airport Road. Ms. Blackburn replied that only the top portion of the building will be visible from eastbound traffic. I Commissioner Erwin inquired if the parking overhang will be set back enough so that the automobiles will not to be visible from Palomar Airport Road. Ms. Blackburn stated that there is sufficient setback to ensure that the automobiles cannot be seen. A Staff recommends Commissioner Erwin inquired why the applicant is proposing 132 parking spaces when only 67 spaces are required. Ms. \;I 4 e e GARY WAYNE, Ass't Planning Director CITY OF CARLSBAD 2075 las Palmas Dr Carlsbad, CA 92003-4853 RE: APPEAL of Planning Director Findings re: Administrative Variance NO. 3O-( Jut 23 15 Wilson St- Rodger Flaming (Owner), Ltr dtd Jun 28, 1990 received Jul 3, 1 Mr Wayne: 1, Rodger Flaming, respectfully appeal the Planning Directors findings regardin! Request for Administrative Variance as outlined in City of Carlsbad letter dtd J 1990. I feel the staff's findings are not representative of the circumstances or facts exist on my property. 1 would welcome the opportunity to present my arguments tu the Planning Comi I will out of town on business between Jul 14 & Jul 28, 19ClO. Should you have questions regarding this matter, please contact Don Agatep (434- 1056). Thank you for your consideration in this matter. ql+ Rodger laming, OWNER 28 15 Wilson St Carllsbsd, CA 92008 e 0 cA=3 '- -. 1 'br 5-p:j / --=- ad\* \4;{ L/ \3\fl, &7 ti3 f+6 .b .<G,r\qncc f+V- 90-5 I FLhA\\y 1 J' pd mlq, - - ~ -- ~ LN!2\L5 d- GaVJ-Lfb\ns,\ I+ -+& c&v:5b$ig Cny L3 bY flQL\W 15- bcaois-;; - 5. &;TC~~/!O~M I - 74 C1-J %,&A3 bdC;C~ ST, Cm1,4ki;i, cqfJ 4 \\'PC7 &d.>sc ad?? F y-k 5] 40 p VT-Y Lfl QiP57IN + J=+ *rqi v\lrtc, Q! OLC;?r\.-& m 5 eaV\tStf bu GY4 '%% 17 hQ b4r 4 pfor comw \TmLTjt ' pKQ= r x objec7- To '7-k 5m MY\ n 3 & .+)e2 \4V\&vICC -FA PQ\b-d * 'IWj tr"45L?l5 e m my "7- qcts CP pywVTys $A (y&ev- QWs5 CesSFsWfi) + -t;.k\2_ 5CKK @VC* y -5- P yw T3 cie vvl&L\s & "J"."q.L 4 i?)Lw) 9, *flt%J Oylg m-. 7-b SOLq- QF %~9 pirsppe i. 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Z -* CCs)'e. i QJ<\5- SgW% @q- k?lp. Fki%%t\AQ m Ciui\ I * ~ ~'dQ.7 4 ~~~ticO QC 2-3 yr% +!< (5 GfA fit Qs-. gl i fbM 1 G-i RT ~/w Liv &PQ-~?I~ ew,c "e g- 3.3 tn 73.q 1g-IcFwe3S p gJw%nTx\l && d (f([> J is G *+qq--z pA&?d-( \\ ;@?-dl -p+ygCb+36 {a" QeJ+tD q $~rn rn 'VLU5 ctcse 4 ipTW P- Q. fvv.%\NDk5LY \\ 7 .C kT4S yL%k rn -Ti%\%# -ea =-&s&T- Wi A - Y fa CkG58W Qh *'~l'vy hwt450n hq i qh f3.l e 2 'n m (Lrn 5 \ B~.Scl?^p-~ e y;lQ v\.\L ij LnA / biC& 1, 61 1' bi 0 0 MAYOR C. A. LEWIS CITY OF CARLSBAD 1200 ELM AVE Carlsbad, CA 32008 RE: AB *1 1 ,?a- Appeal of Planning Commission decision Administrative Varianc May ?,I9 AV. 9Q-Q5,2815 Wilson St- Rodger Flaming (Owner). Mayor Lewis It is my understanding that items scheduled on your May 7, 1991 City Council ager may inrslow lengthy hearings. i am more than willing to postpone my appeal reque a future date satisfatoy to your City Staff. Therefore, i request continuance of AB '1 1,144 to a date satisfactory to City St My Qssociate Don Agatep will out of town between May 22 thru May 30, 1991. Should you have any questions regarding this matter, piease contact Dan Agatep (434- 1056 1- Thank you for your CoRsidet-atioR in this matter. pzk .> Rodger Flaming, OWNER 2815 Wilson St Carlsbad, CA 92008 434-4083 cc: R. Pachett, City Manager L. Rautenkt-anz, City Clerk 6. Wayne , Ass't Pi anni ng direct or -- pd/q, &f,&&j '/ i' i ;; \d\*---/ 2 .r ” 0 0 Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of San Diego County Mail all correspondence regarding public notice advertising to W.C.C.N. Inc. P.O. Box 230878, Encinitas, CA 92023-0878 (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 entitlec I am principal clerk of the printer of the Carlsbad Journal, a newspaper of general circ published weekly in the City of Carlsbad, County of San Diego, State of California, and which ne. is published for the dissemination of locd news and intelligence of a genera1 character, an newspaper at all times herein mentioned had and still has a bona fide subscription list oj subscribers, and which newspaper has been established, printed and published at regular interv said City of Carlsbad, County of San Diego, State of California, for a period exceeding one y preceding the date of publicatio notice hereinafter referred to; and notice of which the annexed is a copy, has been published in eacl and entire issue of said newspape in any supplement thereof on thc ing dates, to-wit: lities Management Zone 1 and more Particularly Parcel 1 of described parcel map as: C‘2624, NOTICE OF APPEAL ABOM-FLAMING PUBLIC HEARING Wed aday7,lS74, in the Omce of the County Recorder of San Diego county. If you have any questions regard- ing this matter, please call Van at ~1161, e* m. tive Variance in courf yo~ may be raiaedbyyouorsomeoneelseatthe public hearing described in this noti-, Qr in -,*,, cornspond- ence delivered to the City of Carls- bad City Clerk’s OMce at or prior to the public hearing. ~~~ll~~t: mamlng CARLSBAD CITY COUNCIL NmtX 1s HEREBY GIVEN that the City Council ofthe City ofCarl* the City Council Chambers, 1200 Elm Avenue), Carlsbad, California, 1% to consider an appeal of the PlalUing &lllllliSSiOIl denial Of an Administrative Variance b allow the muired ftont Yard setback of a’ to be reduced to 10.3’ on Proper- tY generally located at 2815 Wilson Street, between Buena Vista Way and Forrest Avenue, in Local Faci- bad will hold a public hearing at bch in the planning Department Carlsbad Village Drive (formerly Ifyou chdlenge the Adm*- at 600 P.M., On Tuesday, Yay 7, limited to raising only those issues April 25 --Lh* TS&Y- “:Y-o--r-: WPUB s!n? ues uo!ssgq ‘i&nLmo3 W~P~I radeq 3!?emsyJsq3 3rpUle3 ‘a3Ihza ?AS aq moo^ uansq ‘Lep.m?ss ‘urd 6 03 UO!Ws, x *xaa ppoJd ’us 6 moq uaAp aq pi m-as 2uFs 1 IeH q!qds @H V - 3CIISW3I30 ’09’Z$ 929 ‘d I certify under penalty of perjury ay7 U! foregoing is true and correct. Ex ~JEJ e IIV JOJJVUTWN Jp@S @H rlsli”a1 Carlsbad, County of San Diego, Stat 0E:L o? pahzas ‘9ZZG-I;I;L mog fornia on the 25th L Y7!M [la3 ‘uoyem.ro3u~ aJom ;rod -mspu mo3as ’PP9Jd day of April y 1991 g TOOT ame3 pIFq3 YqyM ‘amg ams aq 7s JY’P )NB amid saqq meBo~d s,uaqpl!y3 3 mw mora3ana.z _. - r -/ ./Clerk oft .* *: 0 NOTICE OF PUBLIC HEARING APPEAL AV 90-5 - FLAMING NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a pi hearing at the City Council Chambers, 1200 Carlsbad Village Drive (formerly Elm Avc Carlsbad, California, at 6:OO P.M., on Tuesday, May 7, 1991, to consider an appeal the Planning Commission denial of an Administrative Variance to allow the required front yard setback of 20' to be reduced to 10.3' on property generally located at 2815 Wilson Street, between Buena Vista Way and Forrest Avenue, in Local Facilitiei Management Zone 1 and more particularly described as: Parcel 1 of parcel map 112624, file May 7, 1974, in the Office of the County Recorder of San Diego County. If you have any questions regarding this matter, please call Van Lynch in the Plani Department at 438-1161, Ext. 4325. If you challenge the Administrative Variance in court, you may be limited to raisi: 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: Flaming PUBLISH: April 25, 1991 CARLSBAD CITY COUNCIL w re' e NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, California, at 6:OO p.m. on Wednesday, February 20, 1991, to consider approval of an appeal to the Planning Commission of a Planning Director's decision denying an Administrative Variance to: (1) allow the required front yard setback of 20' to be reduced to 10.3', and (23- to &owa-retainingwd in-the-public-right=of-wayto-exceed the m&m--wdLheight--of 42" to -a--height of 54" on property generally located at 281 5 Wilson Street between Buena Vista Way and Forrest Avenue in Local Facilities Management Zone 1 and more particularly described as: Parcel 1 of parcel map #2624, filed May 7, 1974 in the office of the County Recorder of San Diego County Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after February 14, 1991. If yo~ have any questions, please call Van Lynch in the Planning Department at 438-1161, ext 4325. If you challenge the Administrative Variance in court, you may be limited to raising onlj those issues you or someone else raised at the public hearing described in this notice or ir written correspondence delivered to the City of Carlsbad at or prior to the public hearing CASE FILE: AV 90 5 APPLICANT: FLAMING PUBLlSH- FEBRUARY 7,1991 CITY OF CARLSBAD PLANNING COMMISSION .' .I c ,* 0 w (Form A) TO: CITY CLERK'S OFFICE FROM: PLANNING DEPARTMENT RE: PUBLIC HEARING REQUEST Attached are the materials necessary for you to notice AV 90-5 - FLAM~NG (APPEAL) for a public hearing before the City Council. I Please notice the item for the council meeting of Thank you. MARTY ORENYAK 4/5/91 Assistant City Manager Date GREGORY ARMSTRONG ROGE~ L. PLAMMING *BRADLEY BRANDOW 2815 Wilson Street 2803 Wilson Street 2771 Wilson Stree- C,arlsbad, CA 92008 Carlsbad, CA 92008 Carlsbad, CA 9201 .* 0 STEPHEN E. BLAIN VICTOR MURILLO THOMAS T. MULLIGA: 2755 Wilson Street 2735 Wilson Street 2777 Wilson Stree Carlsbad, CA 92008 Carlsbad, CA 92008 Carlsbad, CA 920 LYNN A. THOMPSON CLAUD HELTON DARRYL 6 IC. TELL 2765 Wilson Street 2778 Arland Road 1700 Buena Vista Carlsbad, CA 92008 P.0 Box 356 Carlsbad, CA 920 Carlsbad, CA 92008 GEO 6 5. MARHOEFER CHAS & KARTIIA DIX ROBERT & K. BLUM 4437 Mayfair Court 1600 Buena Vista Avenue 1780 Buena Vista Carlsbad, CA 92008 Carlsbad, CA 92008 Carlsbad, CA 920 HENRY & X. JOLLY CLARENCE 6 P. PORTER GERALD h M. PALMQ 1740 Buena Vista Avenue 1720 Buena Vista Avenue 2750 Wilson Stree Carlsbad, CA 92008 Carlsbad, CA 92008 Carlsbad, CA 920 JON & C GAARE THELMA SOWELL VIVIAN CARTER 2865 Wilson Street 2885 Wilson Street 2758 Crest Drive Carlsbad, CA 92008 Carlsbad, CA 92008 Carlsbad, CA 920 THOMAS C M RUDDEN RICHARD L C MACGURN EUGENE & E. EZELL 2790 Wilson Street 2800 Wilson Street 2835 Wilson Stree Carlsbad, CA 92008 Carlsbad, CA 92008 Carlsbad, CA 920 JAMES & M. SIMS WILLIAM 6 D. LANTZ DALE W. SMITH 2820 Wilson Street 2844 Wilson Street 1858 Buena Vista Carlsbad, CA 92008 Carlsbad, CA 92008 Carlsbad, CA 920 JOHN 6 V. ADAIR ANN E. BARTHELMESS THEODORE KOLB TR 1818 Buena Vista Avenue 2860 Wilson Street 2890 Wilson Stree Carlsbad, CA 92008 Carlsbad, CA 92008 Carlsbad, CA 920 CLAUD & Go HELTON AV 90-5 - FLAMING 2754 Arland Road (APPEAL) Carlsbad, CA 92008 * I. ,( 0 w ' 1200 ELM AVENUE TELEPH CARLSBAD, CALIFORNIA 92008 (619) 434- Office of fhe City Clerk aitg of QInrlshnS DATE : March 4, 1991 TO : Bobbie Hoder FROM : Karen Kundtz RE : AV 90-5 - FLAMING 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 &’ .7=79 e a ’ 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the City Clerk MitQ uf Marlsbinb APPEAL FORM I (We) appeal the following decision of the PLAu -\u Iti 20 v\ r4i-55 mi) Project Name and Number (or subject of appeal): - to the City Counc AV 90-5 -y=LJaw 1uF-l Date of Decision: 7c3. \cIch\ _. Reason for Appeal: Fj&UC=‘>.e, YedL7” 3- m esvc, Pm - -3 +E -57 k A -\/\ W\I a.3 FT. \ ‘p LC\ ( Foar Q,iim e4 \Jolq - -Te,$~2~;zk\L*oL*-=~ \F T&e c:r-L7 WAfLb, T44 1 >d- A- 6OC W& \\zcLe%sbtarz. -5 -cc2=€5-z -L O-c=@e, - - ’’’’’’’’’’’’’’’’’’’’.~ Am- pas La--=s-ts-D.+.5--% IjuT &Le T- <- 0 -wy 5- 7 e-- LN- r%2w -- -&- Ir@i -- Date Signature Y zPz15 w ic5aa 5TE--%=T Address a-3 4v- f2qJ (b4) 43a 44m3- Telephone Number CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008 438-5621 . REC’D FROM RECEIPT NO. February 9, 1990 Virginia Redding 2246 Janis Way Carlsbad, CA 92008 Re: Above Ground Encroachment Permit - 2246 Janis Way Enclosed for your information is an agenda for the Carlsbad City Council Meeting of Tuesday, February 13, 1990. Item No. 2 on the agenda deals with the above ground encroachment permit for your block wall. (Ad fY-7) &Y& Deputy City Clerk Enc . 1200 Carlsbad Village Drive Carlsbad, California 92008 - (619) 434-2801 February 9, 1990 Mr. Dale Dubacki 2236 Janis Way Carlsbad, CA 92008 (% ff-7) Re: Above Ground Encroachment Permit - 2246 Janis Way Enclosed for your information is an agenda for the Carlsbad City Council Meeting of Tuesday, February 13, 1990. Item No. 2 on the agenda deals with the above ground encroachment permit for the Redding's block wall located at 2246 Janis Way. gd& eputy City Clerk Enc . 1200 Carlsbad Village Drive Carlsbad, California 92008 - (619) 434-28O1