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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.