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Home My WebLink AboutAV 03-02; Fischer Variance; Administrative Variance (AV) (2)e CITY OF CARLSBAD LAND USE REVIEW APPLICATION ANTHONY FISCHER MAILING ADDRESS APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPARTMENT MARIA FISCHER MAILING ADDRESS Administrative Permit - 2nd Dwelling Unit Administrative Variance Coastal Development Permit lAvo3-ou Conditional Use Permit Condominium Permit Environmental Impact Assessment Gene;al Plan Amendment 0 0 Hillside Development Permit Local Coastal Plan Amendment Master Plan Non-Residential Planned Development Planned Development Permit IU Planned Industrial Permit Planning Commission Determination Precise Development Plan Redevelopment Permit Site Development Plan Special Use Permit Specific Plan Obtain from Engineering Department Tentative Tract Map Variance Zone Change List other applications not (FOR DEPARTMENT USE ONLY) I .. I I specified I ~ 2) ASSESSOR PARCEL NOW.: d15- VbO-O/ - her vtxrtancc, 4) BRIEF DESCRIPTION OF PROJECT: -inins ~611, ? 3) PROJECT NAME: \ L- I 6) APPLICANT NAME (Print or Type) I 5) OWNER NAME (Print or Type) I I I 2663 CAZADERO DRIVE I 2663 CAZADERO DRIVE I CllY ANU SlAlt I t Lt rn u 11 t CT TO THE BEST OF MY BOVE INFORMATION IS TRUE AND KNOWLEDGE. 7) BRIEF LEGAL DESCRIPTION NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMllTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:OO P.M. PAGE 1 OF 2 Form 16 ON THE 9) LOCAL FACILITIES MANAGEMENT ZONE [ I WEST I SIDE OF 11 12) PROPOSED NUMBER OF 1-1 RESIDENTIAL UNITS 15) PROPOSED COMM I] SQUARE FOOTAGE 17) PROPOSED INCREASE IN I) 18) EAE!5FEZWER 20) ;;.;iNG GENERAL 10) PROPOSED NUMBER OF LOTS 1 1 ) NUMBER OF EXISTING 13) TYPE OF SUBDIVISION 14) PROPOSED IND OFFICE/ 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 21 ) PROPOSED GENERAL 22) EXISTING ZONING PROPOSED ZONING BETWEEN ABEJORRO STREET AND 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS BJECT OF THIS APPLICATION. INVE CONSENT CORINTIA STREET FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED TOTAL FEE REQUIRED [I FEB 11 2003 CITY OF CARLSBAD PLANNING DEPT. DATE STAMP APPLICATION RECEIVED RECEIVED BY: DATE FEE PAID I I RECEIPT NO. r----l Form 16 PAGE 2 OF 2 ,- City of Carlsbad DISCLOSURE STATEMENT Applicant’s statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as “Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit.” Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant’s agent) Provide the COMPLETE. LEGAL names and addresses of ALL_ persons having a financial interest in the application. If the applicant includes a corporation or Dartnershiu, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO APPLICABLE (N/A) IN THE SPACE BELOW If a gubliclv-owned coruoration, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- necessary.) / 2. Title W4 Title Address%63dadfl Address OWNER (Not the owner’s agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (ie, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or uartnershiu, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) -P&/ CY+ yJm9 ,1635 Faraday Avenue - Carlsbad, CA 92008-7314 - (760) 602-4600 FAX (760) 602-8559 @ a. 3. NON-PROFIT OA ,ANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonurofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profiflrust Non Profiflrust Title Title w Address Address 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? 0 Yes 6 If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. formation is true and correct to .. Print or typdame of owner/applicant’s agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 JUSTIFICATION FOR VARIANCE By law a Variance may be approved only if certain facts are found to exist. Please read these requirements carellly and explain how the proposed project meets each of these facts. Use additional sheets if necessary. 1. Explain why there are exceptional or extraordinary circumstances or conditions applicable to the 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: SEE #1 ON ATTACHMENT 2. Explain why such 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: 3. Explain why the granting of such variance will not be matierally detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located: SEE #3 ON ATTACHMENT 4. Explain why the grading of such variance will not adversely affect the comprehensive general plan: E # 4 ON ATTACHMENT FRM0004 04/02 I Page 5 of 5 JUSTIFICATION FOR VARIANCE 1, There are exceptional or extraordinary circumstances or conditions applicable to the 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 because the subject parcel has a significant elevation difference with the neighboring lot directly to the north (2657-59 Cazadero St.) of 15 to 25 feet with an extremely steep slope between the two parcels (See Exhibit “A,” photograph of slope prior to construction of wall). This steep slope rendered the side yard of the subject parcel virtually unuseable and subjected the slope to erosion and soil instability. The side yard area is now usable and it has been landscaped (See Exhibit “By” three photographs of present state of the side yard). Other parcels in the vicinity are not subject to such a drastic differences in elevation with neighboring properties and are therefore not in need of retaining walls in excess of six feet. 2. 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 because the extreme slope of the subject property’s side yard rendered it virtually unuseable. Other parcels in the vicinity do not suffer from excessive side yard slopes and therefore the owners of those parcels are in a significantly better position to make good use of their property. In addition, the wall enhances the privacy of the parcels on both sides because it shields the lower parcel’s yard from the view of the applicant’s parcel and visa versa, a problem which was present prior to the construction of the wall due to the extreme side yard slope. 3. The granting of this variance will 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 because the wall will not cause any sight-distance problems for any residence nor is it placed in such a way as to cause an adverse visual impact to the public. Landscaping will be placed in front of the wall which will reduce the aesthetic impact of the wall. The softening of the considerable slope between the subject property and the neighboring property is an improvement which benefits the entire neighborhood and presents no impact to vehicular or pedestrian visibility. Furthermore, an important safety issue is addressed by the wall in that the height of the wall prevents persons from falling over into the neighboring parcel, something which could easily occur should the wall height be reduced to six feet. 4. The granting of this variance will not adversely affect the comprehensive General Plan because the property is designated for development for single family homes and is developed as such. A City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: FISCHER MARIA Description AVO 3 0 0 02 Receipt Number: ROO32604 Transaction Date: 02/11/2003 Transaction Amount: 495.00