HomeMy WebLinkAbout1998-10-06; City Council; 14869; Nessim Residence Varianced 9 ii! %
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CITY OF CARLSBAD - AGENii4 BILL
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*I DEPT. PLN
NESSIM RESIDENCE VARIANCE
V 98-01
CITY MGRa
RECOMMENDED ACTION:
That Council ADOPT Resolution No. 98 -da% , APPROVING the appellant’s appeal and
OVERTURNING the Planning Commission’s decision to deny a building height variance for property
located at the northwest corner of Carlsbad Village Drive and Highland Drive.
ITEM EXPLANATION:
On May 6, 1998, the Planning Commission conducted a public hearing and denied, with a 7-O vote,
the Variance request for the Nessim Residence. The requested variance would allow conversion of
the existing non-conforming three-story garage building into a conforming habitable home and allow
a three-story, Victorian-style expansion to that home.
On May 15, 1998, the applicant, Gary Nessim, filed an appeal of the Planning Commission’s
decision, and on July 28, 1998, the City Council heard the appeal. Based upon testimony given by
the appellant and the neighboring property owners (via both a petition and public testimony), the
City Council approved the appeal and overturned the Planning Commission’s decision. At the July
28, 1998 hearing, the Council then directed staff to return with documents approving the building
height Variance. This report contains the approving resolution to complete that action.
FISCAL IMPACT:
The fiscal impacts to the City are negligible since all public facilities necessary to serve the
expanded structure are already in place and all necessary development fees for the proposed
expansion will be collected through building permit processing.
ENVIRONMENTAL REVIEW:
Since the request involves a minor alteration in land use limitations in an area with an average slope
of less than 20 percent and which does not result in any change in land use or density, the project is
exempt pursuant to Section 15305 of the State CEQA Guidelines.
EXHIBITS:
1. City Council Resolution No. 98 -$,#.
2. Location Map.
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RESOLUTION NO. 98-322
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE APPELLANTS
APPEAL AND OVERTURNING THE PLANNING COMMISSION’S
DENIAL OF A BUILDING HEIGHT VARIANCE ON PROPERTY
GENERALLY LOCATED AT THE NORTHWEST CORNER OF
CARLSBAD VILLAGE DRIVE AND HIGHLAND DRIVE IN THE
NORTHWEST QUADRANT.
CASE NAME: NESSIM RESIDENCE
CASE NO.: V 98-01
I WHEREAS, the Planning Commission did, on May 6, 1998, hold a duly noticed
public hearing as prescribed by law to consider said application for a Variance; and
WHEREAS, on May 6, 1998, the Carlsbad Planning Commission did, after
hearing and considering all evidence and testimony of all people desiring to be heard, adopt
Resolution No. 4286, denying a Variance (V 98-01) for additional building height in the R-l
zone; and
WHEREAS, appeal of this denial was timely filed on May 15, 1998; and
WHEREAS, on the 28th day of July, 1998, the City Council of the City of
Carlsbad, held a duly noticed public hearing as prescribed by law to consider said appeal of the
Planning Commission decision; and
WHEREAS, upon considering the request, the City Council considered all factors
relating to the appeal; and
WHEREAS, upon considering all the evidence, testimony and arguments of
those persons present and desiring to be heard, the City Council approved the appeal and
overturned the Planning Commission’s decision.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That there are exceptional or extraordinary circumstances or conditions
applicable to the subject property or to the intended use that do not apply generally to the other
property or class of use in the same vicinity and zone, in that there is an existing three story
structure on the property; the property is constrained by slopes and a previous road
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condemnation; and the property is located in a transitional zoning area between professional,
commercial, and other non-residential uses and the neighboring single family residences,
3. That the requested variance is necessary for the preservation and
enjoyment of a substantial property right possessed by other property in the same vicinity and
zone but which is denied to the property in question, in that without the variance, the appellant
would lose the right to modernize, improve and expand the livable portion of the home, as has
been allowed with other residential property in the northwest quadrant.
4. That the granting of the variance would not 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, in that allowing the completion of the renovations would benefit the
public, improve the property and be a visual enhancement to the neighborhood.
5. That the granting of the variance will not adversely affect the General
Plan, in that the three story expansion preserves the integrity of the existing architecture and
enables expansion of the property, through sensitive design, without damaging neighborhood
aesthetics or obstructing public views.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 6th day of October 1998, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, and Hall
NOES: None
ABSENT: CouI)ppl Member Kulchin
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk 1
(SEAL)
-2-
c EXHIBIT 2
NESSIM RESIDENCE
V 98-01