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Home My WebLink About1993-01-12; City Council; 12029; WAIVER FROM ORDINANCE NO. NS-206-ACCESSORY STRUCTURES IN REAR AND SIDE YARD SETBACKS AT 7224 COLUMBINE DRIVE- ACCESSORY STRUCTURE -015 $ t~ % z 0 I- - 0 a 6 z 3 0 0 W& /f CIT"~~F CARLSBAD - AGEN~ BILL CITY DEPT- ATT "2 AB# Ialda-q E WAIVER FROM ORDINANCE NO. NS-206 - MTG. 1/12/93 ACCESSORY STRUcmTRES IN REAR AND SIDE DEPT. PLN RECOMMENDED ACTION: CITY MGR~ YARD SETBACKS AT 7224 COLUMBINE DRIVE - ACCESSORY SI''RUCTURJ2 - 01. If Council concurs, ADOPT City Council Resolution No. Ci 4 - 8 , granting a waiver from the prohibitions contained in Urgency Ordinance No. NS-206 to allow construction of an accessory structure in the rear and side yard setback at 7224 Columbine Drive, located in the R-1 Zone. mM EXPLANATION City Council Urgency Ordinance No. NS-203, adopted June 2, 1992, and its extension, Urgency Ordinance No. NS-206 adopted July 14, 1992, prohibits "the acceptance, processing, or issuance of building pennits for accessory structures in the required side yard and rear yard setback in the R-1 Zone". The applicant is applying for a waiver from this prohibition. Section IV of the Urgency Ordinance allows the City Council to waive the prohibitions of this ordinance upon hearing and public notice, and upon finding that such structures do not represent a threat to public health or safety. The applicant is proposing to construct a 598 square foot accessory building in the rear and side yard setback of his single family home located at 7224 Columbine Drive. The one story, 16 foot, 4 inch, high building would be setback 4 feet from the rear property line and 5 feet from the side property line. Per the R-1 standards, buildings with a pitched roof are not to exceed 30 feet in height and 2 stories, and the required setbacks are 14 feet from the rear property line and 7 feet from the side property line. Per the Uniform Building Code, which contains the least restrictive standards applicable to the property, the building may be built to the property line unless the building has openings (windows, doors) facing such property lines, in which case a setback of 3 feet must be maintained. The building will also be designed to match architectural features of the existing house (i.e, matching colors, stucco, roof tile and pitch). The proposed accessory building will be used for storage as well as a craft room for art work, furniture making, and other similar crafts. No partitions or plumbing is proposed within the building and the room will not be used as living space nor for any business/occupation. In compliance with the City Council's desire for public notice of these proposals all property owners within a 300 foot radius of the subject property have been notified by the City of said request to construct an accessory building in the rear and side yard setback of the applicant's property. In addition, the applicant has independently obtained signatures from 4 of his immediate neighbors (two of whom are tenants) indicating their approval for the addition (see attached). Staff has determined that the public health and safety will not be threatened by the proposed building, nor will the building encroach into any easements. FISCAL IMPAcrS No fiscal impacts are anticipated. ExHIBm 1. Council Resolution No. $ -3 - 2 2. LocationMap 3. 4. Signatures from Neighbors (q @ 43 B 5) Letter Describing Use of Building t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e m RESOLUTION NO. 9 3 - 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A WAIVER FROM THE PROHIBITIONS CONTAINED IN CITY COUNCIL URGENCY ACCESSORY BUILDING IN THE REAR AND SIDE YARD ORDINANCE NO. NS-206 ALLOWING A 598 SQUARE FOOT SETBACK AT 7224 COLUMBINE DRIVE IN THE R-1 ZONE. ACCESSORY STRUCTURE - 01 WHEREAS, a verified application has been filed with the City of Carlsbad for a waiver from the prohibitions contained in City Council Urgency Ordinance No. NS-206 for an accessory building located in the rear and side yard setback at 7224 Columbine Drive in the R-1 Zone; and WHEREAS, such waiver is permitted under Section IV of City Council Urgenc: Ordinance No. NS-206 after notice and public hearing upon findings by the City Councj that the continued construction or issuance of pennits for such structures do not represen a threat to public health or safety; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City c Carlsbad as follows: 1. That the above recitations are correct. 2. That based on the evidence presented at the public hearing, the City Counc APPROVES Accessory Structure - 01, based on the following findings and subject to tl following conditions: FiIldiIlES: 1. That the proposed accessory structure complies with chapter 21.10.050(1) (D) the Carlsbad Municipal Code regulating accessory structures in the R-1 Zone. That the accessory structure does not represent a threat to public health or safe That the accessory structure will not be used as living space nor for any operati of business. 2. 3. ... 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 W W Conditions: 1. Approval is granted for Accessory Structure - 01, as shown on Exhibits "A" and "B", dated December 3, 1992, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. If desired, alterations to the exhibits may occur after the effective date of the ordinance to be created by Zone Code Amendment 92-07 addressing regulations for accessory structures in the side and rear yard, provided that such alterations conform to the standards, procedures, and provisions of such ordinance. Prior to the effective date of such ordinance, any substantial changes to the exhibits will require approval from the City Council. Prior to issuance of building permits, the applicant shall obtain a Coastal Development Permit from the California Coastal Commission. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council , 1993, by the 2. of the City of Carlsbad, California, on the 12th day of January following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard and Finnila NOES: None ABSENT: None ATTEST: bBL ALETHA L. RAUTENKRANZ, city ClerQ (SEAL) -2- I r 4 City of Carlsbad r ACCESSORY STRUCTUI REINDEL ARTWCRAFTS ROOM 01 d rn To : THE CITY COUNCIL OF THE CITY OF CARLSBAD DATE: SUBJECT: CONSTRUCTION OF REINDEL ART/CRAFT ROOM Dear City Council, I, - d&J - &#dj-dG ----------, have a neighbor, Hans Reindel. His backyard boarders mine. I understand that he would like to construct a single story art/craft room in his backyard. The construction of this structure, which will comply with the uniform building code and the ordinances of local authorities, will not represent a threat to public health, safety and walfare. I have seen Mr. Reindel's building plans and do not object to them. signed 0 m To : THE CITY COUNCIL OF THE CITY OF CARLSBAD DATE: SUBJECT: CONSTRUCTION OF REINDEL ART/CRAFT ROOM Dear City Council, I, ---__-- L#h& -_--- Kie-k ------, have a neighbor, Hans Reindel. His backyard boarders mine. I understand that he would like to construct a single story art/craft room in his backyard. The construction of this structure, which will comply with the uniform building code and the ordinances of local authorities, will not represent a threat to public health, safety and walfare. I have seen Mr. Reindel's building plans and do not object to them. signed __ ___ __ --- LJ e rn W To : THE CITY COUNCIL OF THE CITY OF CARLSBAD DATE: SUBJECT: CONSTRUCTION OF REINDEL ART/CRAFT ROOM Dear City Council, I? &->we& I have a neighbor, Hans Reindel. His backyard boarders mine. I understand that he would like to construct a single story art/craft room in his backyard. The construction of this structure, which will comply with the uniform building code and the ordinances of local authorities, will not represent a threat to public health, safety and walfare. I have seen Mr. Reindel's building plans and do not object to them. signed ___ &--2Jf '&&?iEE& ------- m W To : THE CITY COUNCIL OF THE CITY OF CARLSBAD DATE: SUBJECT: CONSTRUCTION OF REINDEL ART/CRAFT ROOM Dear Ci ___- $&/@Qfd#f , have a neighbor, Hans Reindel. His rs mine. I understand that he would like to backyar construct a single story art/craft room in his backyard. The construction of this structure, which will comply with the uniform building code and the ordinances of local authorities, will not represent a threat to public health, safety and walfare. plans and do not object to them. I, Pk w W From: Hans Reindel 7224 Columbine Dr. Carlsbad, CA 92009-5112 929-802a Date: October 8, 1992 To : Robert Green Subject: Accessory Structure at 7224 Columbine Dr. This structure is to be used as an arts/craft room and for storage for house and yard items. It will not be use for habitation, eating, sleeping or for operating a business. The roll up door is necessary for access for large items that would not fit through a standard door. There will be no storage of hazardous materials or creation of noise which would cause a nuisance to the neighbors. The design and appearance of this structure will match the original structure on the lot and the design and appearance of adjacent structures. The neighbors, who boarder the construction site lot, have been informed of my intent to build and have signed a statement acknowledging; (a) they are informed, (b) they have viewed the construction plans, (c) they do not object to the construction of the structure, and (d) they do not feel the structure will represent a threat to public health, safety or welfare. Copies of these statements are included. Please act and set up the required notice and public hearing to enable the City Council, upon their findings, to waive the prohibitions contained in the ordinance #NS-206. Thank you, f& w Hans Reindel w January 20, 1993 Mr. Hans Reindel 7224 Columbine Drive Carlsbad, CA 92009 RE: Approval of Accessory Structure at 7224 Columbine Drive The Carlsbad City Council, at its meeting of January 12, 1993, adopted Resolution No. 93-8, granting a waiver from the prohibitions contained in Urgency Ordinance No. NS-206 to allow construction of an accessory structure in the rear and side yard setback at 7224 Columbine Drive. Enclosed is a copy of Resolution No. 93-8 for your files. d%2&cMc Assistant City Clerk KRK: ijp Enclosure 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2808 I r 4 r 4 ti II cucrw kCCESSORYSnnmURE 01 REINDEL ARTWCRAFTS ROOM W NOTICE OF PUBLIC HF,AFUNG W NOTICE IS HEREBY GlVEN that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Dnve (formerly Elm Avenue), Carlsbad, California, at 6:OO p.m. on , to consider granting a waiver from the prohibitions contained in Urgency Ordinance No. NS-206 to allow construction of an accessory structure in rear and side yard setbacks at 7224 Columbine Drive, located in the R-1 Zone. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after , 199-. If you have any questions, please call David Rick in the Planning Department at 438-1161, ext. 4328. If you challenge the Waiver from Urgency Ordinance No. NS-206 in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. APPLICANT: CITY OF CARLSBAD CASE NO: ACCESSORY STRUCTURE 01 PUBLISH: CITY OF CARLSBAD CITY COUNCIL 0 e (Form A) TO: CITY CLERK'S OFFICE FROM: PLANNING DEPARTMENT RE: PUBLIC HEARING REQUEST Attached are the materials necessary for you to notice Waiver fro1 Ordinance No, NS-206 - Accessory Structures in rear and side yard setbacks at 7224 Columbine Drive - Accessory Structure - 01. for a public hearing before the City Council. Please notice the item for the council meeting of # . Thank you. MARTY ORENYAK 12/8/92 Assistant City Manager Date 0 e t ’* List of Names and Addresses of Owners within a 300 ft Radius of 7224 Columbine parcel# 215r550r08r00 for Reindel Art/Craft Room 1 21SrS16r05r00 Travis & Amber Shain 1744 Catalpa Rd. Carlsbad, CA 92009 v 2 21Sr516r06r00 Lee & Jolynn Frodsham 1746 Catalpa Rd. Carlsbad, CA 92009 b 3 215r516r06r00 Robert & Janet Brengi J 1748 Catalpa Rd. Carlsbad, CA 92009 4 21Sr514r16r00 Kenneth Kadansky 2002 Subida Ter. L Carlsbad, CA 92009 6965 El Camino Real, #lo5 ’’ Carlsbad, CA 92009 5 215~523~05r00 Jeraldine Davies 6 215r514r18r00 Stephan Delaney 430 Whitewood P1. Encinitas, CA 92024 7221 Manazanita St. Carlsbad, CA 92009 7212 Manazanita St.” Carlsbad, CA 92009 7218 Columbine Carlsbad, CA 92009 7213 Manazanita St. Carlsbad, CA 92009 7 215r523r04~00 Anthony Milardo 8 215r522r12r00 Patricia Kruas 9 21Sr514r18r00 Michael & Malia Anderson v 2157523r03r00 Steven & Daphine Martin >‘ 10 11 215r522r13r00 Andrew & Bridgette Berk 1329 Sinalda Dr. Glendale, CA 91207 1742 Catalpa Rd. Carlsbad, CA 92009 L 12 215~515r03r00 Ron & Jill Lenc J 4 e e 13 215r515r04r00 John & Marion Taylor 1745 Catalpa Rd. Carlsbad, CA 92009 14 215r515r05r00 James & Tejeda Pahl 1747 Catalpa Rd. Carlsbad, CA 92009 1749 Catalpa Rd. Carlsbad, CA 92009 7220 Columbine Carlsbad, CA 92009 J 15 215r515r06r00 Gritzmaker Family Trust 16 215r514r19r00 David Christopher, Colleen Burkett 17 215r523~02rOO Eric Randich, Cindy Baker 7215 Manazanita St. ./ Carlsbad, CA 92009 18 215~522r14r00 Collins Family Trust , 5335 Los Robles Dr. Carlsbad, CA 92009 3158 Lower Ridge Rd. San Diego, CA 92130 \ 19 215r514r20r00 John & Kathleen Fitzsimons 20 215r523rOlrOO Ann, Thomas, &Terence Senate 7217 Manazanita St. Carlsbad, CA 92009 Pat & Takiko DeMarino 1728 Geranium St. Carlsbad, CA 92009 22 215r550r05r00 Peter & Janet Flones 5455 Burning Tree Dr. J La Canada, CA 91011 663 Diamond Way, #232 ~ Vista, CA 92083 1740 Geranium St. Carlsbad, CA 92009 " J 21 215r550704rOO 23 215r550r06r00 John Day / 24 215r550r07r00 Richard & Linda Sterret J 20412 Brentstme Ln. Huntington Beach, CA 92646 25 215r550r13r00 Helen Fish - 0 0 I. 26 215r521~33700 Stephen & Karen Lee J 7232 Durango Cir. Carlsbad, CA 92009 7230 Durango Cir. Carlsbad, CA 92009 27 215r521r32r00 William & Gayle Hogg J J 28 215r550r09r00 Lorna Kipke 7226 Columbine Carlsbad, CA 92009 29 215~550~12~00 Maureen Stokes 7221 Manazanita St.- Carlsbad, CA 92009 30 215~550r31r00 Frank Kuzniar & Theresa Carpenter L' 1731 Geranium St. Carlsbad, CA 92009 31 215r550~30r00 Donald & Diane Pepper / 1735 Geranium St. Carlsbad, CA 92009 1739 Geranium St. Carlsbad, CA 92009 7228 Columbine Carlsbad, CA 92009 32 215r550r29~00 Jimmie & Laura Walker J 33 21Sr550rlOr00 Stephen & Janet Gaspari 34 215r550rllr00 Frank & Donna Bowers 7223 Manazanita St. s Carlsbad, CA 92009 35 215r550r14r00 Thomas & Sandra Garris 1848 Lotus Ct. Carlsbad, CA 92009 ' / 36 215~550~28~00 Harry & Helen Otis J' 7231 Columbine Carlsbad, CA 92009 37 215r550r24~00 Edward & Catherine Hackbarth 7232 Columbine Carlsbad, CA 92009 38 215r550r23~00 Jerry & Judith Provansal 3520 Los Hermanos Rd. I Fallbrook, CA 92028 L 39 215r550r22r00 Phillip & Amber Hodges J 1843 Lotus Ct. Carlsbad, CA 92009 , I r<- , ,-l ., I -1 1 / VIEW OF TYPICAL PROPER LINE FOLIAGE.PICTURE TA OF HOUSE ACROSS THE S- FROM CONSTRUCTION SITE - VIEW OF TYPICAL PROPE LINE FOLIAGE.PICTURE - OF HOUSE LOCATED IN ' NEIGHBORHOOD. VIEW OF TYPICAL PROP LINE FOLIAGE.PICTURE OF HOUSE LOCATED IN NEIGHBORHOOD. ,7 / VIEW FROM THE STREET, HOUSE TO THE RIGHT (SOUTH) IS THE CONSTRUCTION SITE. VIEW FROM NORTH NEIGHBOR'S (FITZSIMON' PATIO TOWARD CONSTRL SITE (TO THE SOUTH-Ef VIEW FROM NORTH NEIGHBOR'S (FITZSIMO YARD TOWARD THEIR NORTH NEIGHBOR'S YA ( N 0 R T H - E A ST DIRECT I (