HomeMy WebLinkAboutAV 05-05; Conlin Fence Variance; Administrative Variance (AV)SilsP CITY OF CARLSBAD
vSQ^r LAND USE REVIEW APPLICATION
1) APPLICATIONS APPLIED FOR: (CH
LJ Administrative Permit
pC| Administrative Variance
LJ Coastal Development Permit
Li Conditional Use Permit
LJ Condominium Permit
LJ Environmental Impact Assessment
LJ General Plan Amendment
1 1 Hillside Development Permit
1 | Local Coastal Program Amendment
LJ Master Plan
1 1 Non-Residential Planned Development
[ 1 Planned Development Permit
ECK BOXES)
(FOR
DEPARTMENT
USE ONLY)
AV 05-65
LJ Planned Industrial Permit
1 1 Planning Commission Determination
LJ Precise Development Plan
LJ Redevelopment Permit
LJ Site Development Plan
LJ Special Use Permit
LJ Specific Plan
C Tentative Parcel Map
Obtain from Engineering Department
LJ Tentative Tract Map
1 1 Variance
D Zone Change
List other applications not specified
. .(FOR
DEPARTMENT
. .USE ONLY)
-
2) ASSESSOR PARCEL NO(S).:
3) PROJECT NAME:
frfg t(
C*Aruu /*&,e£
4) BRIEF DESCRIPTION OF PROJECT: /3nA/ifA/fofi.
5) OWNER NAME (Print or Type)
vT-
6) APPLICANT NAME (Print or Type)
MAILING ADDRESS
&.&&O G-tuci*
MAILING ADDRESS
P& /3oXr
CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE6,0
EMAIL ADDRESS:EMAIL ADDRESS: /W*.Ts*kn*tS ^ &»**.(. Co*,
1 CERTIFY THAT 1 AM THE LEGAL OWNER AND THAT ALL THE ABOVE
INFORMATIO IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLE
1 CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE
OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND
CORRECTO THEgST OF MY KNOWLEDGE.
DATE DATE
BRIEF LEGAL DESCRIPTION (^
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE AJPPLieATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M.
A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATIONi BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M.
ic t r»c c
8) LOCATION OF PROJECT:
ON THE
BETWEEN
(NORTH, SOUTH, EAST, WEST)
STREET ADDRESS
SIDE OF
AND
(NAME OF STREET)
(NAME OF STREET)
9) LOCAL FACILITIES MANAGEMENT ZONE
10)PROPOSED NUMBER OF LOTS
13) TYPE OF SUBDIVISION
16) PERCENTAGE OF PROPOSED
PROJECT IN OPEN SPACE
19) GROSS SITE ACREAGE
22) EXISTING ZONING
25)
11) NUMBER OF EXISTING
RESIDENTIAL UNITS
14) PROPOSED IND OFFICE/
SQUARE FOOTAGE
17) PROPOSED INCREASE
INADT
20) EXISTING GENERAL
PLAN
23) PROPOSED ZONING
(NAME OF STREET)
12) PROPOSED NUMBER
OF RESIDENTIAL UNITS
15) PROPOSED COMM
SQUARE FOOTAGE
18) PROPOSED SEWER
USAGE IN EDU
21) PROPOSED GENERAL
PLAN DESIGNATION
24) HABITAT IMPACTS
IF YES, ASSIGN HMP #
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
TO INSPEC^AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT
TO ENTR^FOR THISxPURPOSE
SIGNATURE
FOR CITY USE ONLY
FEE COMPUTATION
APPLICATION TYPE FEE REQUIRED RECEIVED
m 2 9 2005
CITY OF CARLSBADRECEIVED
RECEIVED BY:
TOTAL FEE REQUIRED
Form 14 Rev. 12/04 PAGE 2 OF 5
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 92008
Receipt
Applicant: LONGMORE BRIAN
Description Amount
AV050005 570.00
Not valid unless validated by Cash Register
PLEASE RETAIN RECEIPT FOR REFUNDS OR ADJUSTMENTS
Receipt Number: R0051000 Transaction ID: R0051000
Transaction Date: 06/29/2005
Pay Type Method Description Amount
Payment Check 1310 570.00
Transaction Amount: 570.00
PROJECT DESCRIPTION/EXPLANATION
PROJECT NAME: GCWC//V F£tdce
APPLICANT NAME: tT#A/ig$
Please describe fully the proposed project by application type. Include any details
necessary to adequately explain the scope and/or operation of the proposed project.
You may also include any background information and supporting statements regarding
the reasons for, or appropriateness of, the application. Use an addendum sheet if
necessary.
Project Description
This project consists of a request for an administrative variance for an over height fence.
The owner of the property has constructed a fence that is over height for the established
restrictions. The owner of the property received a notice of code violation from code
Enforcement Officer Gene Kellog for the violation for this over height fence. In response
to that letter the owner has reduced the height of the fence along the Eastern frontage and
the Southern frontage to 6' and is requesting an Administrative Variance for the fence
along the Western and Northern property lines. The over height fence is a 6' Cedar plank
fence with an open lattice top rail that varies from 18" to 24". The topography of the
property is such that the fence is along the bottom of a low area along the property line
thus making the fence seem shorter then it really is.
Project Description 10/96 Page 1 of 1
,"**"••
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.
1. Explain what special circumstances are applicable to the subject properly, including size, shape,
topography, location or surroundings, whereby the strict application of the zoning ordinance deprives
such property of privileges enjoyed by other property in the vicinity and under identical zoning
classification:
The natural contours of the land are such that to build the allowable height fence would
result in a fence height that does not protect the property and its occupants and neighbors.
In order to maintain the property and the landscaping ttefeaee needs to be at the property
line thus creating a fence at the bottom of a dej»essiontbM creates the illusion of a short
fence. Therefore, there are special circumstances that apply to the land.
2. Explain why the granting of the variance does not constitute a grant of special privileges inconsistent
with the limitations upon other properties in the vicinity and zone in which the subject property is
located and is subject to any conditions necessary to assure compliance with this finding:
If the fence were to be constructed as required by the existing code the resulting fence
would be inadequate in height to perform the required task of the fence. By granting the
variance there will no granting of special privileges as the subject property will then
enjoy the same privileges as other properties mat do not have the unique topographical
issues. The fence will conform to city ordinances where these conditions do not apply.
3. Explain why the granting of the variance does not authorize a use or activity which is not otherwise
expressly authorized by the zone regulation governing the subject property:
The local zoning for this property allows fences and the granting of this variance will not
authorize construction of a, non-allowed use.
4. Explain why the granting of the variance is consistent with the general purpose and intent of the
General Plan and any applicable specific or Master Plans:
The General Plan for this location allows the construction offences and mere will be no
deviation from Master Plan or General Plan granted by the granting of mis variance
»»»«»*»»«•«•»»«»*»»»»«»«*«» + »»«*««»»««»
T3~™-a K^c^jna/fu Page 4 of 4
City of Carlsbad—•. j ~ • —~_~~»_~1HIWW1ll_l_____ll_p_IH______^|__Planning Department
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 partnership, 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 aipflbliclv-owned corporation, include the names, titles, and addresses of the corporate
officers. (A^eparate P3f£>may be attached if necessary.)
Person
Title
Corp/Part_
Title
Address 9&&O Q-fo-tct*Address
2. 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 (i.e. partnership,
tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or
partnership, 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 publicly-owned corporation, include the
names, titles, apd, addresses of the corporate officers. (A separate page may be attached if
necessary.)
Person.
Title /
Corp/Part.
Title/
Address AfrOO Address
1635 Ffr'aday Avenue . CA 9i2K»73l4 » ^760) €02-4600 * FAX (7150) 602-6S&9 • vwaw.g <sswtsbad.ca.us
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit 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 Profit/Trust Non Profit/Trust
Title Title
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?
I I Yes [Vj No If yes, please indicate person(s):.
NOTE: Attach additional sheets if necessary.
I certify that^l the above information is true and correct to the best of my knowledge.
Signature of owner/date Signature of applicant/date
Print or type name of owner Print or type name of applicant
Signature ofownepfeppTIcant's agent if applicable/date
Print or type name of owner/applicant's agent
H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 Of 2
n
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SAN DIEGO COUNTY
09 MATCHLINE "A"
SAM DIEGO COUNTY iSSESSOR'S MAP 3K 216 PG !3
1 e CONDO : DOC 77-29555
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2 * CONDO : DOC 74-"'2529
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NO SCALE
MAP6604-LA COSTA - SOUTH
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UNIT NO I
THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS
ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCELS
MAY NOT COMPLY WITH LOCAL SUBDVISCN OR BuLDING ORDINANCES.
216-22
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SAN DIEQO COUNTY ASSESSOR'S MAP BK 216 PG 22
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THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS
ASSLWED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCELS
WAY NOT COMPLY WITH LOCAL SUBDIVISCN OR BUI DING ORDINANCES
MAP 660H - LA COSTA-SOUTH UNIT NO. 6
LOTS H38-H61.470-496
C
City of Carlsbad
Planning Department
October 4, 2005
Brian Longmore
PO Box 503943
San Diego, CA92150
SUBJECT: AV 05-05 - CONLIN VARIANCE
The Planning Director has completed a review of your application for an Administrative
Variance, AV 05-05 to construct an over-height fence in the front, side and rear yards at 2600
Galicia Way. After careful consideration of the circumstances surrounding this request, the
Planning Director has determined that the four findings required for granting an Administrative
Variance cannot be made and therefore, denies this request based on the following findings
and conditions.
Findings:
1. There are not 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 property and surrounding
properties meet all the zoning requirements for lot size and dimensions and the
topography is not an extraordinary or unusual circumstance for this residential area. The
owner's claim that the over-height fence is necessary to provide privacy for the
back yard is unsupported. The neighbors to the west are approximately 10 feet
lower in elevation, and the second-story windows, which face the owner's
backyard, could be blocked by vegetation; therefore, alternatives exist. Also, the
neighbor's windows to the north of the property are mostly blocked by tall
vegetation and; therefore, the owners do not need an eight-foot high fence for
privacy. In addition, the front yard fence, located at the southeast corner of the lot,
does not need to be over six feet high for the owner's to be able to enjoy privacy
in their back yard.
2. The requested variance is not 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 property is currently
developed with a single-family home and has adequate usable (flat) areas for
yards. The proposed over-height fence in the rear and side yards would provide a
small amount of privacy from the neighbors to the west and north; however, this
could also be accomplished with additional vegetation or moving the fence
several feet towards the top of the pre-existing slope for a similar privacy effect.
3. The granting of this 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 because the improvements would not create sight distance or visibility
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
AV 05-05 - CONLIN VARIAl
October 4, 2005
Page 2
problems for vehicles since the fence is set back several feet from the edge of the
road.
4. The granting of this variance will not adversely affect the comprehensive General Plan
because the property's land use designation is residential single-family.
This decision may be appealed by you or any member of the public to the Planning Commission
within ten days of receipt of this letter. Appeals must be submitted in writing to the Planning
Commission at 1635 Faraday Avenue in Carlsbad, along with a payment of $500.00. The filing
of such appeal within such time limit shall stay the effective date of the order of the Planning
Director until such time as a final decision on the appeal is reached. If you have any questions
regarding this matter, please feel free to contact Pam Drew at (760) 602-4644.
incerely,
DON NEU
Assistant Planning Director
DN:PD:bd
c: Chris DeCerbo, Team Leader
Kathleen Farmer, Project Engineer
Gene Kellogg, Code Enforcement
Data Entry
File Copy
James Conlin, 2600 Galicia Way, Carlsbad, CA 92009
- 7 (20/05-
Citv of Carlsbad
Planning Department
July 20, 2005
James Conlin
2600 Galicia Way
Carlsbad, CA 92009
SUBJECT: AV 05-05 - CONLIN ADMINISTRATIVE VARIANCE
Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department
has reviewed your Administrative Variance, application no. AV 05-05, as to its completeness for
processing.
The application is incomplete, as submitted. Attached are two lists. The first list is information
which must be submitted to complete your application. This list of items must be submitted
directly to your staff planner by appointment. All list items must be submitted
simultaneously and a copy of this list must be included with your submittals, including
five (5) sets of plans. No processing of your application can occur until the application is
determined to be complete. The second list is issues of concern to staff. When all required
materials are submitted the City has 30 days to make a determination of completeness. If the
application is determined to be complete, processing for a decision on the application will be
initiated. In addition, please note that you have six months from the date the application was
initially filed, June 29, 2005, to either resubmit the application or submit the required
information. Failure to resubmit the application or to submit the materials necessary to
determine your application complete shall be deemed to constitute withdrawal of the application.
If an application is withdrawn or deemed withdrawn, a new application must be submitted.
Please contact your staff planner, Pam Drew, at (760) 602-4644, if you have any questions or
wish to set up a meeting to discuss the application.
Sincerely,
DON NEU
Assistant Planning Director
DN:PD:bd
c: Chris DeCerbo, Team Leader
Kathy Farmer, Project Engineer
ile Copy
Data Entry
Planning Aide
Brian Longmore, P.O. Box 503943, San Diego, CA92150
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
AV 05-05 - CONLIN ADMINISTRATIVE VARIANCE
July 20, 2005
Page 2
LIST OF ITEMS NEEDED
TO COMPLETE THE APPLICATION
Planning:
1. Provide a cross-section of the rear yard fence including the owner's and neighbor's
grade and all dimensions.
Engineering:
None
ISSUES OF CONCERN
Planning:
None
Engineering:
1. Plot existing right-of-way width for Levante Street and Galacia Way on plans.
2. Plot intersection sight distance corridor on plans.
City of Carlsbad
Code Enforcement
NOTICE
Code Violation
October 19, 2005
OLIVIER & LOUISA LAGUETTE
2600GALICIAWY
CARLSBAD CA 92009
Dear Property Owners:
According to our records, you are the owners of that property. It has come to our attention
that the variance, regarding the fence at 2600 Galicia Way, has been denied.
In response to the denial, the property was inspected yesterday. It was observed that the
fence still exceeds six (6) feet in height. That is a violation of CMC 21 .46.130, enclosed.
Correction Required: Reduce the height of the fence to lawful limits by removing the
lattice on top, as soon as possible, and in no case later than November 1, 2005.
The property must be maintained in a clean, safe condition, in full compliance with all
applicable city codes.
Full compliance is anticipated in this matter. Please call me at 602-2704 if you wish to
discuss this matter further. Thank you in advance for your cooperation.
Sincerely,
GENE R KELLOG
Code Enforcement Officer
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-2703 • FAX (760) 6O2-8560
Pam Drew - Re: Conlin Fence Variance^« _ Page 1____. . ..^_M^^\ _„_ ......___ __ _____ ^^^ **o
From: Gene Kellogg
To: Pam Drew
Date: 07/12/2005 9:07:59 AM
Subject: Re: Conlin Fence Variance
Hi Pam. The original complaint came from a Melany at 822-4671. She complained about the fence being
over eight feet high all around the yard. When I checked the fence, it appeard to be six feet with two feet
of lattice work on top. I advised Mr. Conlin that removing the lattice work would bring the fence into
compliance however he decided to apply for the variance instead. I do have a couple of photos. Let me
know if you want copies. Thanks. Gene.
>» Pam Drew 07/11/05 2:32 PM >»
Hi Gene,
I received the Admin. Variance project for the Conlin fence at 2600 Galicia Way. I understand you gave
him a notice of violation. Would you please give me a little background information on the over height
fence? Also, did a neighbor turn him in or did code enforcement notice it. Any information is helpful.
Thanks,
Pam
Pam Drew
Assistant Planner
City of Carlsbad
(760) 602-4644
pdrew@ci.carlsbad.ca.us
V V
CITY OF CARLSBAD REVIEW AND COMMENT MEMO
DATE: 9/20/05 REVISED PLANS
TO: * ENGINEERING - DEVELOPMENT SERVICES, ATTN: Kathleen Farmer
POLICE DEPARTMENT - ATTN: J. SASWAY
FIRE DEPARTMENT - KARYN VAUDREUIL
BUILDING DEPARTMENT - PAT KELLEY
RECREATION - MARK STEYAERT
PUBLIC WORKS DEPARTMENT (STREETS) - NIC ROQUE
WATER/SEWER DISTRICT
LANDSCAPE PLANCHECK CONSULTANT - LARRY BLACK
SCHOOL DISTRICT
NORTH COUNTY TRANSIT DISTRICT - PLANNING DEPARTMENT
SEMPRA ENERGY- LAND MANAGEMENT
• CALTRANS (send anything adjacent to 1-5)
PARKS/TRAILS - LIZ KETABIAN
* Always Send Exhibits
FROM: Planning Department
REQUEST FOR REVIEW AND COMMENT ON PROJECT NO(S): AV 05-05_
PROJECT TITLE: Conlin Fence Variance.
APPLICANT: Brian Longmore
PROPOSAL: Increase the height of the wood fence more than the allowed 6'._
Please review and submit written comments and/or conditions to Pam Drew, the Project
Planner in the Planning Department at 1635 Faraday Avenue, by 9/30/05. (If you have "No
Comments", please so state.) If not received by the date indicated, it will be assumed that you
have no comment and the proposal has your endorsement as submitted. If you have any
questions, please contact Pam Drew at 602-4644. The request for conditions will follow at
the appropriate time.
THANK YOU
COMMENTS:
PLANS ATTACHED
Review & Comment 07/05
o
Memorandum
TO: Pam Drew - Assistant Planner
FROM: Kathleen Farmer - Engineering Tech
DATE: July 19, 2005
AV 05-05 OVER-HEIGHT FENCE
COMPLETNESS AND ISSUES REVIEW
Engineering Department staff has completed a review of the above-referenced project
for completeness and engineering issues of concern. All items needed for engineering
review are provided for determining the application as complete. Engineering issues
which need to be resolved or adequately addressed prior to staff making a
determination on the proposed project are as follows:
1. Plot existing right-of-way width for Levante Street and Galacia Way on plans.
2. Plot intersection sight distance corridor on plans.
If you or the applicant has any questions, please either see or contact me at 602-2741.
c: John Maashoff, Senior Civil
CARLSBAD FIRE DEPARTMENT
Fire Prevention Division
Land Use Review Report
PROJECT NAME: Conlin Fence Variance
Date: 07/07/05
Project number: AV 05-05
Staff Planner: P. Drew Engineer:
Project conditions: (Note: The following identifies specific conditions necessary to achieve
Fire Department approval.)
Fire has reviewed this application and have no additional comments or conditions for this
submittal.
GR