HomeMy WebLinkAboutAV 06-05; Murray Replacement; Administrative Variance (AV)C CITY OF CARLSBAD
LAND USE REVIEW APPLICATION V
1) APPLICATIONS APPLIED FOR: (CHE
Administrative Permit
[X.I Administrative Variance
Coastal Development Permit
Conditional Use Permit
| | Condominium Permit
Environmental Impact Assessment
General Plan Amendment
Hillside Development Permit
Local Coastal Program Amendment
Master Plan
| I Minor Conditional Use Permit
| | Non-Residential Planned Development
I | Planned Development Permit
ECK BOXES)
(FOR
DEPARTMENT
USE ONLY)
0b-O f
Planned Industrial Permit
| | Planning Commission Determination
| | Precise Development Plan
I I Redevelopment Permit
| | Site Development Plan
Special Use Permit
I I Specific Plan
I I Tentative Parcel Map
Obtain from Engineering Department
Tentative Tract Map
Variance
| | Zone Change
List other applications not specified
(FOR
DEPARTMENT
USE ONLY)
2) ASSESSOR PARCEL NO(S).: •'g-4-S-^-f £ u , % \ Z, i <T - [ ( £ . o £
3) PROJECT NAME: (\\,U <Z-<2_AM T£ e<pl^^€.^€-^
4) BRIEF DESCRIPTION OF PROJECT: ^eboUA ^65.-f' <dr litSVSr*. A- ^}^^L. &24.\*<\{
5) OWNER NAME (Print or Type)6) APPLICANT NAME (Print or Type)
<S,
MAILING ADDRESS
lob ^^\
MAILING ADDRESS
CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE
EMAIL ADDRESS:fL EMAIL ADDRESS:
1 CERTIFY THAT 1 AM THE LEGAL OWNER AND THAT ALL THE ABOVE
INFORMATION IS TRUE .AND CORRECT TO THE BEST OF MY
KNOWLEDGE.
1 CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE
OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND
COrtRECT TO IHE BEST OF MY KNOWLEDGE.
DATE SI$NATQftE DATE
BRIEF LEGAL DESCRIPTION
*
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M.
A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE RLED, MUST BE SUBMITTED PRIOR TO 4:00 P.M.
Form 14 Rev. 03/06 PAGE 1 OF 5
8) LOCATION OF PROJECT:6sJ-v€lU
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 INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT
TO^fllTRY FOR>JHIS PURPOSE
-' ^ T ill__ A-^Uv
SIGNATUR
FOR CITY USE ONLY
FEE COMPUTATION
APPLICATION TYPE FEE REQUIRED
AL FEE REQUIRED
^ .
Wh^'**™
RECEIVED
JUN 3 0 20P*
CITY OF CARLSBAD
DATE
RECEIVED BY:
\J-\jfJL
Form 14 Rev. 03/06 PAGE 2 OF 5
o o
City of Carlsbad
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, die 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 a publicly-owned corporation, include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.)
$. /l/lorvyxM Corp/Part
Title
2.
Person
Title
M
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 (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, and addresses of the corporate officers. (A separate
page may be attached if necessary.)
Person,
Title
S.Corp/Part_
Title
Address Address
1635 Faraday Avenue • Carlsbad, CA 92OO8-7314 • (76O) 602-46OO • FAX (760) 602-8559
City of Carlsbad
Planning Department
HAZARDOUS WASTE AND SUBSTANCES STATEMENT
Consultation Of Lists of Sites Related To Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5, I have consulted the
Hazardous Wastes and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that (check one):
The development project and any alternatives proposed in this application are not
contained on the lists compiled pursuant to Section 65962.5 of the State Government
Code.
The development project and any alternatives proposed in this application are contained
on the lists compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT
Name:
Address:
Phone Number:
PROPERTY OWNER
Name:
Address:
Phone Number
Address of Site:
Local Agency (City and County):.
Assessor's book, page, and parcel number:.
Specify list(s):
Regulatory Identification Number..
Date of List:
lican^ignature/Date
Adntoi/Counter/HazWaste
Propeifty OwrreY Signature/Date
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
c
Justification for Variance
1. Subject property is approximately 40 years old and built before the
area was annexed to the city of Carlsbad. According to the County
Assessor's building record, encroachment of the current set backs by
the garage has existed since the original construction of the home.
The property was involved in a house fire on June 1, 2006. My desire
is to replace the garage in its original position during reconstruction
and add approximately 60 square feet of living space to the adjacent
family room. This addition will not encroach on required set backs.
2. No less than five (5) other properties within the area enjoy the
same set back encroachments. Only original, forty year old,
encroachments will be requested by this variance during rebuilding
due to the June 1, 2006 house fire.
3. Granting this variance will only replace the structure to its original
position in connection to any and all encroachments. The new
addition of approximately 60 square feet to the family room will not
create any new encroachments and will conform to all set back
regulations.
4. Granting this variance will not create any change to the general
plan, will not create an oversized home within the area or change any
zones. Granting the variance will allow for the reconstruction of my
home to its original position on my lot while allowing for the
addition of 60 square feet to the home.
CARLSBAD FIRE DEPARTMENT
Fire Prevention Division
Land Use Review Report
PROJECT NAME: Murray Residence
Date: 07/24/06
Project number: AV 06-05
Staff Planner: G. Fisher Engineer:
Project conditions: (Note: The following identifies specific conditions necessary to achieve
Fire Department approval.)
Fire Department has reviewed this application and has no comments or conditions to
submit.
GR
City of Carlsbad
Planning Department
August 24, 2006
Timothy S. Murray
6634 Towhee Lane
Carlsbad, CA 92009
SUBJECT: AV 06-05 - MURRAY REPLACEMENT
The Planning Director has completed a review of your application for an Administrative
Variance, AV 06-05 - MURRAY REPLACEMENT, at 7050 Estrella Del Mar to reduce the front
yard setback requirement from 20 feet to 16 feet in order to rebuild an attached two car garage
recently destroyed by fire. After careful consideration of the circumstances surrounding this
request, the Planning Director has determined that the four findings required for granting an
Administrative Variance can be made and therefore, approves this request based on the
following findings and conditions.
Findings:
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 residences in the neighborhood
including the subject property were originally built under the jurisdiction of the
County of San Diego with less restrictive setback requirements then the current R-
1 zoning regulations that apply to the property and other residences have 16-foot
or less front yard setbacks.
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 without the approval of a reduced front
yard setback, the existing configuration of the residence on the lot would prohibit
the construction of a two car garage in conformance with the R-1 zoning
regulations; therefore, eliminating the property's required off street covered
parking that other residences in the same vicinity and zone are afforded. The
proposed reduction from 20 feet to 16 feet is still a greater front yard setback than
most homes provide within the same vicinity and zone. The new garage replaces
a garage which was destroyed by fire.
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 neighborhood was originally developed under the jurisdiction
of the County of San Diego with reduced front yard setbacks and all
encroachments have been present for many years. Any existing impacts to the
neighborhood due to the reduction in adequate vehicle sight distance or street
circulation would have been noted by the neighboring residents.
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
AV 06-05 - MURRAY REPLACEMENT
August 24, 2006
Page 2 _
4. The granting of this variance will not adversely affect the comprehensive General Plan in
that the property is developed with a single family residence which is consistent
with the existing Residential Low Medium General Plan Land Use Designation for
the subject site.
Conditions:
1 . Approval is granted for AV 06-05 - MURRAY REPLACEMENT as shown on Exhibit "A"
dated August 24, 2006, on file in the Planning Department and incorporated herein by
reference. Development shall occur substantially as shown unless otherwise noted in
these conditions.
2. Prior to the issuance of the building permit, Developer shall submit to the City a Notice
of Restriction executed by the owner of the real property to be developed. Said notice is
to be filed in the office of the County Recorder, subject to the satisfaction of the Planning
Director, notifying all interested parties and successors in interest that the City of
Carlsbad has issued an Administrative Variance on the property. Said Notice of
Restriction shall note the property description, location of the file containing complete
project details and all conditions of approval as well as any conditions or restrictions
specified for inclusion in the Notice of Restriction. The Planning Director has the
authority to execute and record an amendment to the notice which modifies or
terminates said notice upon a showing of good cause by the Developer or successor in
interest
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
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 835.00. 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 Greg Fisher at (760) 602-4629.
Sincerely,
DON NEU
Assistant Planning Director
DN:GF:bd
c: Clyde Wickham
Data Entry
File Copy
Kenneth A. Purdy, 7441 Trigo Lane, Carlsbad, CA 92009
FILE COPY
City of Carlsbad
Planning Department
July 24, 2006
Timothy S. Murray
6634 Towhee Lane
Carlsbad, CA 92009
SUBJECT: AV 06-05 - MURRAY REPLACEMENT
Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department
has reviewed your Administrative Variance, application no. AV 06-05, as to its completeness for
processing.
The application is complete, as submitted. Although the initial processing of your application
may have already begun, the technical acceptance date is acknowledged by the date of this
communication. The City may, in the course of processing the application, request that you
clarify, amplify, correct, or otherwise, supplement the basic information required for the
application. In addition, you should also be aware that various design issues may exist. These
issues must be addressed before this application can be scheduled for a hearing. The Planning
Department will begin processing your application as of the date of this communication.
Please contact your staff planner, Greg Fisher, at (760) 602-4629, if you have any questions or
wish to set up a meeting to discuss the application.
Sincerely,
DON NEU
Assistant Planning Director
DN:GF:aw
c: Team Leader
Project Engineer
File Copy
Data Entry
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
06-05 - Murray Replacement
July 24, 2006
Page 2
Planning:
None
Engineering:
None
Planning:
None
LIST OF ITEMS NEEDED
TO COMPLETE THE APPLICATION
ISSUES OF CONCERN
Engineering:
None
FILE COPY
City of Carlsbad
Planning Department
NOTICE OF REQUEST FOR ADMINISTRATIVE VARIANCE
Notice is hereby given that an administrative variance has been applied for to allow a reduced
front yard setback from 20 feet to 16 feet on property generally located at, 7050 Estrella De Mar
Road, Carlsbad, California, and more particularly described as:
Lot 66 of La Costa Valley Unit No. 1, in the City of Carlsbad,
County of San Diego, State of California, According to Map
Thereof No. 5434, filed in the office of the county recorder of San
Diego County, July 29, 1964.
If you have any objections to the granting of this variance or wish to have an informal hearing to
discuss the requested variance, please notify the Planning Department, 1635 Faraday Avenue,
Carlsbad, California 92008, in writing within 10 days of the date of this notice. If you have any
questions, please call Greg Fisher in the Planning Department at (760) 602-4629.
CASE NO.:AV 06-05
CASE NAME: Murray Replacement
DATE: July 25, 2006
CITY OF CARLSBAD
PLANNING DEPARTMENT
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
7234 Estrella De Mar Road
7246 Estrella De Mar Road
2032 Playa Road
2057 Playa Road
2016 Caracol Ct.
2028 Caracol Ct.
7068 Estrella De Mar Road
7086 Estrella De Mar Road
7056 Estrella De Mar Road. 23.5 feet from back of curb to house.
7044 Estrella De Mar Road. 29 feet from back of curb to garage.
7124 Estrella De Mar Road
7184 Estrella De Mar Road
72/0 Estntta De Mar Road
.
722# Estntta De Mar Road
2058 Caracal Ct.
2003 Caracal Ct.