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Home My WebLink AboutAV 03-04; NASSAR RESIDENCE; Administrative Variance (AV) (7)AV 03-04 Nassar Residence APN 204-123-02 Application is missing. Application date: November 20, 2003 I Page Ater: 41 First American Title 411 Ivy Street San Diego, CA 92101 Ronee N. Kozlowski Escrow Transfers 2928 Jefferson Street, 3rd Floor Carlsbad, CA 92008-2377 Phone: (760) 720-4200 Fax: (760) 729-5900 Customer Reference: 020421-RK Order Number: DIV-969689 Title Officer: Bonnie Stark (09) Phone: (619) 231-4631 Fax No.: (619) 231-4640 E-Mail: bstark@firstam.com Buyer: Nassar Owner: O'Hara Property: 3217 Garfield Street Carlsbad, California 92008 Q:::PR::ELUI MINARYREPORT In response to the above referenced application for a policy of title insurance, this company hereby reports that it Is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They-are available from the office which Issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully.The exceptions and exduslonsare meant to provide you with notice of matters ikrhkh are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be apmed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. First Ameilcan I I Order Number: OW. 99689 Page Number: Dated as of May 23, 2003 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: Eagle Owners Policy ALTA Extended Loan Policy 1992 A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: John F. O'Hara and Carlotta Q. O'Hara, husband and wife as community property The estate or interest in the land hereinafter described or referred to covered by this Report is: A fee. 1I Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: Genept and special taxes and assessments for the fiscal year 2003-2004, a lien not yet due or payáfle. 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3. The recital contained on the Map of said land relinquishing jurisdiction and control over all pipes, poles or other structures, or work, trees and anything of whatever nature that may be upon, across or over the highways offered for dedication. 4. The recital contained on the Map of said land which agrees to allow the crossarms of poles or similar, structures placed along the right of way of certain highways to hang over the abutting land. firstAmerican 7-We . 'fl tICT. Page Number: 3 6. A deed of trust to secure an original indebtedness of $200,000.00 recorded December 15, 2000 as instrument no. 00-0683523 of Official Records. Dated: December 11, 2000 Trustor: John F. Ohara and Carlotta Q. (Yhara, Husband and Wife as Community Property Trustee: Commonwealth Land Title Company, A California Corporation Beneficiary: Ae Corporation DBA New America Financial, an Oklahtj q~ rpQfation, which is organinized and existing under the laws of Oklahoma According to the public records, the beneficial interest under the deed of trust was assigned to Wl4çgton Mutual Bank, FA by assignment recorded November 6, 2001 as instrument no. 01- 0Q77$6 of Official Records. ,A deed of trqstlo secure an original indebtedness of $92,000.00 recorded February 21, 2l03 as instr t no. 03-0195694 of Official Records. Dated: February 11, 2003 Trustor: John F. O'hara and Carlotta Q. O'hara, who are married to each other Trustee: Equitable Deed Company Beneficiary: Bank of America, N. A. [ INFORMATIONAL ... 1. This report is fr,ratory to the issuance of an ALTA lan Policy. We have no knowledge 9 'f any fact which would prec1e the issuance of the policy with CLTA endorsement forms 100 and 146 and if applicable, 115 and 116.2 attachd. When issued, the CLTA endorsement form 116 or 116.2, if applicable will reference a(n) Single Family Residence known as 3217 GaSitd Street, Carlsbad, Caiiforni b08. 2. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this reØort, except as follbws: None 3. Short term rate applies. 4. Taxes for proration purposes only for th fiscal year 20024003. First Installment: $1,614.42, PAID Second Installment: $1,614.42, PAID Tax Rate Area: 09000 APN: 204-123-02-00 The map attached, if any, may or may not be a survey of the land depicted hereon. First Amer expressly disclaims any liability for lOSS or damage which may result from reliance on this map é pXW &stAn7eñc3n 71-Me Page Number: 4 the extent coverage for such foss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. F/i-stAiner/can Title . . Page Number: S LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows THAT PORTION OF TRACT NO. 201 OF THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 1681, FILED IN THE QFFI(E OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 9, 1915, DESCRID AS FOLLOWS; COMMENCING AT THE YJQ5T THEASTERLY CORNER OF SAID TRACT NO. 201, RUNNING THENCE 34 DEG 33' EAST 60;0 FT TQ THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 34 DEG 33' EIT jQ,0Q fFET TO A POINT, THENCE SOUTH 55 DEG 27' WEST 88.00 FEET TO A POINT; THENCE NORTH 34 DEG- 33' WEST 40.00 FEET TO A POINT; THENCE NORTH 55 DEG 27' EAST 88.00 FEET TO THE TRUE POINT OF BEGINNING. APN: 204-123-02-00 FirstAinerican Title 0203 25 "This map may Or reyr :Ofl. survey of the IeC' ;"it for yo,1 h .!- CE .•, UI hjch ma result i - ....... GARFIELD PM f6301 .4" P0RjTCT 201 ® 2 Lu 4J-.7'2' IJJ,J 1 ' ' P 3244 CONDM(SEESHT2) ' a7.s. ø7. 7S $7.5 NUT QTHRU) ®D 7 O . t, 12,® (?'37 20 ®7 14 " L®PoRTCr2o2 . *i BLKB - Z 4 ® ®5 14R) (")5 PONOM. (SEE SHT 3) ii267 TAMARACK BEACH < AC RESORT @ 0 —089889 70 5OMIJ267 ESS CARLSBAD BLVD "ATE HWY lOt) 1 (9 204—IZ SHI I OF 3 03/16/03 ASP 9 ., • CONOM CARLSBAD SURFSIOE VILLAS DOC e6 -Z06675 (SEE SHT2) 2• CONDO GARFIELD STREET OOcgZ-2 58977 (SEE SHY 2) 3 CONDO CHESTNUT AVE DOC 02.638450 rAul IAN 7-/3' T'f THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIAOISTY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSORS I'AOCOLS SAN DIEGO courir MAY HOT COMPLY WITH LSCAI. SUBDIVISION SO BUILDING ORDINANCES ASSESSORS 'jAr' HOUR 204 rAflE I SHY. 10F3 MAP 11340—CARLSBAD TCT No. 84-21 (CONDM MAP 11267—CARLSBAD TCT No. 84-16 (CONDM MAP 1747—PALISADES MAP 1681—THUM LANDS ROS 10810,17067 I CITY OF CARLSBAD APPLICATION REQUIREMENTS FOR: ADMINISTRATIVE VARIANCE VARIANCE A variance application is required whenever an applicant desires a variance from the requirements of the zoning code. A variance may be approved by the Planning Commission or as an administrative act by the Planning Director. The following materials shall be submitted for each application or for combined applications on a single project, except as noted under "III. Other Requirements", A and B of Property Owners List and Address Labels. I. REQUIRED PLANS (folded and delivered in complete sets) 0 A. SITE PLAN - Four (4) copies for a Variance; four (4) copies for an Administrative Variance prepared on 24" x 36" sheet(s) folded to 9" x 12". The site plan shall include the following information: 1. General 0 a. Name and address of applicant, engineer and/or architect, etc. 0 b. Location, size and use of all easements. 0 . C. Dimensions and locations of: access (pedestrian and vehicular), service areas and points of ingress and egress, off-street parking and loading areas showing location, number and typical dimension of spaces, and wheel stops. 0 d. Distance between buildings and/or structures. O e. Building setbacks (front, rear and sides). O f. Location, height and materials of walls and fences. O g. Location of freestanding signs. O h. All applicable Fire Suppression Zones, as required by the City's Landscape manual. 0 i. A summary table indicating the following information (if applicable to the variance): 0 (1) site acreage. 0 (2) existing zone and land use. 0 (3) proposed land use. FRM0004 10103 Page 2 of 5 • CITY OF CARLSBAD PLANNING DEPARTMENT VARIANCE INFORMATION A. Administrative Variance: Variances granted by the Planning Director are termed administrative variances. Administrative variances shall be limited to: 1. Modification of distance or area regulations, provided such modifications does not exceed seventy-five percent of required front, side or rear yards nor exceed ten percent of maximum lot coverage regulation; 2. Modification of the minimum lot width regulation, pthvided such modification does not result in a lot width less than fifty (50) feet; 3. Walls or fences to exceed heights permitted by the zoning regulations; 4. Modifications to the sign area regulations, provided such modification does not exceed ten percent of the maximum allowed sign area; 5. Modifications to the sign height regulations, provided such modification does not exceed ten percent of the maximum allowed sign height. B. All other variances will be heard by the Planning Commission and processed pursuant to Chapter 21.50 of the Carlsbad Municipal Code. C. Submitting your application: Submit your application, plans and fees at the public counter of the Planning Department at 1635 Faraday Avenue, (760) 602-4600. A'proposed project reqüithig that multiple applications be filed-must besubtnIttedprior to 3:30 p.m. A proposed project requiring that only one application be filed must be submitted pnor to 4 OOp m Your application will not be accepted until all required application materials are submitted. See Fee Schedule for processing fee amounts. D. Appeal procedures for administrative variances: If your administrative variance is denied by the Planning Director, you may appeal this deèision to the Planning, Commission. You must draft a letter requesting the appeal and submit it to the Planning Director and pay the required fee within ten (10) calendar days from the date of the decision. The Planning Commissions' decision may also be appealed under the procedures established for variances as described below. See fee schedule for amount of appeal fee. Appeal procedures for variances: If your variance is denied by the Planning Commission, you may appeal this decision to the City Council. You must submit a letter requesting the appeal and pay the required fee to the City Clerk within ten (10) calendar days from the date of the decision. See fee schedule for required appeal fees. FRM0004 10/03 Page 1 of 5 O (4) total building coverage. O (5) building square footage. O (6) percent landscaping. 0 (7) number of parking spaces. O (8) square footage of open/recreational space (if applicable). O (9) cubic footage of storage space (if applicable) O B. BUILDING AND FLOOR PLANS - Four (4) copies for a Variance and four (4) copies for an Administrative Variance prepared on 24" x 36" sheets folded to 9" x 12" size. The building and floor plans shall include the following: 1. Location and size of storage areas (if applicable). Indicate ceiling height or the height of the underside of the roof for all storage areas. 2. All buildings, structure, walls and/or fences, signs and exterior lights. 3. Indicate the Uniform Building Code occupancy classes at all building areas. 4. Indicate the type of construction per the Uniform Building Code. O C. COLORED SITE PLAN AND ELEVATION PLAN - Not required with first submittal or with Administrative Variances. It is the Applicant's responsibility to bring one (1) copy of a colored site plan and one (1) copy of a colored elevation to the Planning Department by 12:00 noon, eight (8) days prior to the Planning Commission meeting. Do not mount exhibits. IL REQUIRED DOCUMENTS (IN ADDITION TO A COMPLETED LAND USE REVIEW APPLICATION) O A. Land Use Review Application Form. O B. Completed Variance Justification Form. O C. Disclosure Statement. O D. Completed "Project Description/Explanation" sheet. 0 E. Two (2) copies of the Preliminary Title Report (current within the last six (6) months). 0 F. Biological resource, cultural resource, and/or other environmental studies that are necessary to make an environmental determination (i.e., EIR, Negative Declaration or Exemption.) FRM0004 10/03 Page 3 of 5 El G. Signed "Hazardous Waste and Substance Statement" form (attached). III. OTHER REQUIREMENTS 0 A. Property Owners List and Addressed Labels NOTE: WHEN THE APPLICATION IS TENTATIVELY SCHEDULED TO BE HEARD BY THE DECISION MAKING BODY, THE PROJECT PLANNER WILL CONTACT THE APPLICANT AND ADVISE HIM TO SUBMIT THE RADIUS MAP, TWO SETS OF THE PROPERTY OWNERS LIST AND LABELS. THE APPLICANT SHALL BE REQUIRED TO SIGN A STATEMENT CERTIFYING THAT THE INFORMATION PROVIDED .REPRESENTS THE LATEST EQUALIZED ASSESSMENT ROLLS FROM THE SAN DIEGO COUNTY ASSESSOR'S OFFICE. THE PROJECT WILL NOT GO FORWARD UNTIL THIS INFORMATION IS RECEIVED. A typewritten list of the, names and addresses of all property owners within a 3OfLfoot radius for AdministrativeVIce and 600 foot radius for a Variance of subject property (including the applicant and/or owner. The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. • Two (2) separate sets of mailing labels of the iroperty yners within a 300 footr ad' u&for Administrative Vai ance and 600 foot radius for a Variance of the subject property. The 11f be typed in all QAPITAI LETTERS, left jiisf d, void of any punctuation. For any address !t than a single fathily residence, an apartment or suite number must be included but Apt., Suite, and Bldg. # must NOT appear in the street address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. DO NOT provide addressed envelopes - PROVIDE LABELS ONLY. Acceptable fonts are: Swiss 721, Enterprise TM, Courier New (TT) no larger than 1 ipt. Sample labels are as follows: UNACCEPTABLE UNACCEPTABLE ACCEPTABLE Mrs. Jane Smith Mrs. Jane Smith MRS JANE SMITH 123 Magnolia Ave., Apt. #3 123 Magnolia Ave. APT 3 Carlsbad, CA 92008 Apt. #3 123 MAGNOLIA AVE Carlsbad, CA 92008 CARLSBAD CA 92009 0 B. ' 300 Foot Radius Map for Administrative Variance 600 Foot Radius Map for Variance A map to scale not less than 1" = 200' showing each lot within a 300 foot radius for Administrative Variance and 600 feet for a Variance of exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owners list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. - - JUSTIFICATION FOR VARIANCE By law a Variance may be approved only if certain facts are found to exist. 'Please read these requirements carefully and explain how the proposed project meets each of these facts. Use additional sheets if necessary. FRM0004 10/03 Page 4 of 5 0 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: é SJ2tc ,/.41'zr f 77-I/ 1o7 As") $(27g€i,t/6- /Hi e7y SeT Lf 7//i) Ss. / rZo7 zY F7 BSeo g /7ftc 9iñ,gLii p ?in/Lci f4?1OTi is *MØK. o 1- 7Y o 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: 1A) V/c d / /H/ ( Z t F fl7(7 ,ttO i/Wf' (1'I/f11OV OThii 1-i14iZ- ,'/,Tr/L? , /tZôi'KO i 6WföLo Cd&I Co.d ) 4-c 1f •, f3?cJ J A-D 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: /2I) //ô/1Tty /1J (JLs?77 1,1 jir ,t Ct e4av ft- 7W A)fL- if ñ6(C Z4' mxii crr ftcj ,j ttJcjt- LET 711, i46? j 'r ìô' d 5zD1 4. Explain why the granting of such variance will not adversely affect the comprehensive general plan: uiLy_ _,T6)Vz21 FRM0004 10/03 Page 5of5 • City of Carlsbad 1635 Faraday Avenue Carlsbad CA Applicant: NASSAR SAMI R&TANIA J Description Amount AVO3 0004 10.36 Receipt Number: R0038757 Transaction Date: 12/01/2003 Pay Type Method Description Amount Payment Credit Crd VISA 10.36 Transaction Amount: 10.36 9741 12/01/03 0002 01. 02 cop 1036 I . City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: NASSAR SANI R&TANIA J Description Amount AVO3 0004 495.00 Receipt Number: R0038564 Transaction Date: 11/20/2003 Pay Type Method Description Amount Payment Check 1430 495.00 Transaction Amount: 495.00 9233 11/20/03 0002 01 02 COP 495.00 SCAN COLOR PAGES in