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*
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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
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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
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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.
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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
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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
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! ATTEST:
'1 I //l\;, I/ uu - j MICHAEL J. HOLAILLM
~ PLANNING DIRECTOR
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PC RES0 NO. 3088 -2 -
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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
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APPLICATLuN COMPLETE DATE:
May 17. 1990
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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,
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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
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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.
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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
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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