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AV 15-01; Mahon residence; Administrative Variance (AV) (3)
it^City of Carlsbad LAND USE REVIEW APPUCATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits I I Coastal Development Permit (*) CH Minor [~1 Conditional Use Permit (*) Q Minor Q Extension • Day Care (Large) I I Environmental impact Assessment I I Habitat l\/lanagement Permit Q Minor I I Hillside Development Permit (*) O Minor I I Nonconforming Construction Permit I I Planned Development Permit CI] Minor I I Residential CH Non-Residential I I Planning Commission Determination I I Site Development Plan CD Minor I I Special Use Permit I I Tentative Parcel lUap (lUfinor Subdivision) I I Tentative Tract Map (lUlajor Subdivision) Variance ^ Minor (FOR DEPT. USE ONLY) Legislative Permits I I General Plan Amendment (FOR DEPT. USE ONLY) I I Local Coastal Program Amendment (*) I I Master Plan CH Amendment I I Specific Plan CD Amendment I I Zone Change (*) I I Zone Code Amendment South Carlsbad Coastal Review Area Permits I I Review Permit I I Administrative CH Minor CH Major Village Review Area Permits I I Review Permit I I Administrative CH Minor CH Major (*) = eligible for 25% discount NOTE: A PROPOSEO PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPUCATION MUST BE SUBMITTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S).: H ~' 0 " I(D <^ PROJECT NAME: BRIEF DESCRIPTION OF PROJECT: BRIEF LEGAL DESCRIPTION: (LX^\j ^*-r\t^ oJ. ^Q,r\ kt>Vj K^Hn Vrii/e'.Cafkh^d. C^. ^^C^ _J ' STJREET ADDRESS^ ^ S PLC 114- SIDE OF U^Mu l^r\we^ 3IJ (NAME OF LOCATION OF PROJECT: ON THE: BETWEEN (NORTH, SOUTH, EAST, WEST) AND (NAME OF STREET) ; OF STREET) (NAME OF STREET) OWNER NArvIE (Print): Jj^n MAH^/Q MAILING AODRESS: 1\S2L |>^^_li U "PfW/^ CITY. STATg. ZIP: Car l^kfjA ^d^. ^ ^OD^ TELEPHONE: 7(2^0 'M^'g- ST^^ EMAIL ADDPESS: APPLICANT NAME (Print): ^^yXcf\i^ MAILING ADDRESS: CITY, STATE. ZIP: TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATIOrJ IS TRUE AND CORRECT TO THE BEST OF MY EDGE. I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE APPLICANTS REPRESENTATIVE (Print): MAILING ADDRESS: CITY, STATE. ZIP: TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAfto AND BIND ANY SUCCESSORS IN INTEREST. PROPERTY OWNER SIGNATURE FOR CITY USE ONLY JAN 1 6 2015 DATE STAMP APPLICATION RECEIVED RECEIVED BY: P-1 Pane O nf R f -'^ Development Services - City of DISCLOSURE STATEMENT Planning Division Carlsbad P-KA) '''i;TsoTZl www.carlsbadca.gov 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 indivtduat, firm, co-partnership, joint venture, association, social club, fratemal 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 beloWi 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, titles, 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.) Person ^6K.I^\Q^ Corp/Part Title Title Address 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, titles, 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.) Person OA Corp/Part Title n\Ji)ne^^ Tltle Address Address P-1 (A) Page 1 of 2 Revised 07/10 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 $500 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 ^ No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. I certify that all 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 of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent p-1 (A) Page 2 of 2 Revised 07/10 ^ HAZARDOUS WASTE Development Services City of AND SUBSTANCES Planning Division Carlsbad STATEMENT 1635 Faraday Avenue (760) 602-4610 P-1 (C) www.carlsbadca.gov 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 Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): I I 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. I I 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 > PROPERTY OWNER Name: S(XV^P^ Name: T^H fVl^hon Address: Address ^ C/urkV)fk.fl, Co.. Phone Number: Phone Number: Address of Site: 4 ^^.L ^^J |^ ^< Local Agency (City and Countv): /I <> lo//4i/^^ ^(LniJLjn\u Assessor's book, page, and parcel number:. Specify list(s): Regulatory Identification Number:_ Date of List: Applicant Signature/Date Property Owner Signature/Date The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1{C) Pagel of2 Revised02/13 4 / 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 property, 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: 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: 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: Explain why the granting of the variance is consistent with the general purpose and intent of the General Plan and any applicable specific or IVIaster Plans: If located within the coastal zone, explain why the variance is consistent with and implements the requirements of the certified local coastal program and that the variance does not reduce or in any manner adversely affect the protection of coastal resources. P-4 Page 4 of 4 Revised 12/13 Justification for Variance 1. The necessity for the wall is due to various circumstances. • High car traffic with excessive speeds of 50 mph, in a 25 mph zone. Concern for daughter going into street and getting hit by car. • Was unaware of high car traffic as a new home buyer in this area and wall acts as a noise barrier. • High pedestrian traffic with vagrants and migrant workers constantly walking by property. • High Crime in the area. My car and two other neighbors were just broken into Nov. 3'^"'. Can provide police report if needed. Beating of migrant workers on the corner of Kelly dr. and El Camino about a month ago. My house is 5 houses down from the corner. • Need for privacy. 2. Granting of this variance does constitute special privileges for the various reasons stated below: • Neighbor next to me has a hedge that is higher than my fence. There are other 6' high fences and hedges in the surrounding area. • Fence is needed for the above reasons: high crime, high traffic, noise. 3. Current zoning states that a 6' fence in the front yard would need a 20' setback. If I did just that I would not be able to enjoy my enclosed front yard, as I would have about 15' left to the house. This gives me very little of my front yard to use. 4. Certain areas in Carlsbad have 6' high fences in the front yard, especially in high traffic areas like my house 5. Due to the fact that there is a 6' fence on 3 side of the house, I would reasonably assume there would be no adverse effects to coastal resources. Proiect Description P-l(B) The project consists of a gray color 6' CMU wall at the front entrance of the house, with a cedar gate. The reason for the wall was due to a couple of factors. Recent crime in the area (see variance justification form) Privacy from heavy car and pedestrian traffic (see variance justification form) Containment for young child wandering into street Noise barrier due to heavy car traffic at high speeds, cars are constantly going in excess of 50 mph City of Carlsbad Faraday Center Faraday Cashiering 001 1501601-2 01/16/2015 149 Fri, Jan 16, 2015 12:14 PM Receipt Ref Nbr: R1501601-2/0016 PERMITS - PERMITS Tran Ref Nbr: 150150102 0016 0017 Trans/Rcpt#: R0106551 SET #: AVI50001 Amount: 1 @ $763.74 Item Subtotal: $763.74 Item Total: $763.74 1 ITEM(S) TOTAL: $763.74 Credit Card (Auth# 081415) $763.74 Total Received: $763.74 Have a nice day! *******)C******CUSTOMER COPY************* City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: MAHON IAN Description AV150001 4 82 6 KELLY DR CBAD Amount 763.74 Receipt Number: R0106651 Transaction Date: 01/16/2015 Transaction ID: R0106651 Pay Type Method Description Amount Payment Credit Crd VISA 763.74 Transaction Amount: 763.74 FILE City of Carlsbad NOTICE OF REQUEST FOR ADMINISTRATIVE VARIANCE Notice is hereby given that an administrative variance has been applied for to allow an over height wall (six foot tall) to be located within the front yard setback on property generally located at 4826 Kelly Drive Carlsbad, California, and more particularly described as: Lot 23 of Laguna Riviera Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 5871, filed in the Office of the County Recorder of San Diego County, April 21,1967 If you have any objections to the granting of this variance or wish to have an administrative hearing to discuss the requested variance, please notify the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008, in writing within 10 calendar days of the date of this notice. If you have any questions, please call Greg Fisher in the Planning Division at (760) 602-4629. CASE NO.: AV 15-01 CASE NAME: Mahon Residence DATE: April 40, 2015 CITY OF CARLSBAD PLANNING DIVISION Community & Economic Development Planning Division 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4600 i 760-602-8560 fax SITE MAP N NOT TO SCALE Mahon Residence AV 15-01 SHAYAN CAPITAL LLC 24933 ARIELLA DR CALABASAS, CA 91302 091.8/091.9® ^3Av 09AB aiqpduloo uiui x tuui JBUIJOJ. apnbia O^ppg 1%AJSAVsiqpduioo,,8/gZ^Aezjsisqei ^ STIDOLPH,HAROLD D & GAIL A 4814 KELLY DR CARLSBAD, CA 92008 HOFFMAN LEGACY TRUST 12-17- 12 6284 FORESTER DR HUNTINGTN BEACH, CA 92648 MARJA ACRES LLC 6285 FORESTER DR HUNTINGTN BEACH, CA 92 649 VANCE FAMILY TRUST 3592 VENTURE DR HUNTINGTON BEACH, CA 92649 ONEILL,KEVIN M & HOLLY 4831 KELLY DR CARLSBAD, CA 92008 WITT FAMILY TRUST 4827 KELLY DR CARLSBAD, CA 92008 SMELTZER,BONNIE L 4823 KELLY DR CARLSBAD, CA 92008 TAUZIN,MAURICE R & YVETTE I MARI 251 S BEDFORD DR BEVERLY HILLS, CA 90212 HAUGEN,SCOTT & JESSICA J H 4815 KELLY DR CARLSBAD, CA 92008 BLOSCH FAMILY TRUST 4811 KELLY DR CARLSBAD, CA 92008 ROSSING,JOHN T 4809 KELLY DR CARLSBAD, CA 9200? CLARKE FAMILY TRUST 4807 KELLY DR CARLSBAD, CA 92008 HOOVER,MAREN 2013 TRUST 3515 CHEROKEE AVE SAN DIEGO, CA 92104 STIFFLER FAMILY TRUST 4820 KELLY DR CARLSBAD, CA 92008 HOLY,JOSEF & HALYNA TRUST 4824 KELLY DR CARLSBAD, CA 92008 MAHON,IAN 4826 KELLY DR CARLSBAD, CA 92008 FLOOD,SANDRA C 4830 KELLY DR CARLSBAD, CA 92008 MURPHY FAMILY TRUST 4836 KELLY DR CARLSBAD, CA 92008 HANSEN,JONAS & KIMBERLY 4840 KELLY DR CARLSBAD, CA 92008 FLEMING,JAMES J & SHARON L 4810 KELLY DR CARLSBAD, CA 92008 BANNON,DANIEL J & DEBORAH A 4 842 KELLY DR CARLSBAD, CA 92008 TARICA,KATIE & RALPH 484 6 KELLY DR CARLSBAD, CA 92008 AGUILAR,NOE A 4839 KELLY DR CARLSBAD, CA 92008 KREPELIN,CARY 4805 KELLY DR CARLSBAD, CA 92008 A notice has been mailed to all property owners/occupants listed herein. / fjn--/, Qflte: 1^0/1 Signature: label size 1" x 2 5/8" compatible with Avery ®5160/8160 Etiquette de format 25 mm x 67 mm compatible avec Avery ®5160/8160 I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. PLAT DATE: 10/31/2014 APPLICATION NAME AND NUMBER APPLICANT OR APPLICANT'S REPRESENTATIVE BY: SEAN WILSON-TITLE PRO INFORMATION SYSTEMS DATE: 11 /7/2Q/V RECEIVED BY DATE: I - ( fe— / ^ I r o SAN DIEGO COUNTY ASSESSOR'S 207-10 SHT\0F2 I 38 3/06/01 JGRO ® •::40tf N y l*= NO ACCEISS 2» = OPEN SPACE c HANGES OLO CUT So 3^ so fG 35£ 76> 2/ PH. 36 73 30 36 pe.3(> 78 /0054- Pi* 3U)-ZS-do 230(1> s/ P6 27 8/ /^a 19 25SZ /OO S3 57-SS S5 /32S too 9 1^.384 85 59 P6.4C. 7^43 87 123 44 -^ll'A(o en 1001(0 \ Tfiot Pi^ 83 279 5*4sui. -Sd 1573 5508 55^61 MAP BK 207 PG 10 - SHT I OF 2 MARINA DR. THIS MAP WAS PREPARED FOR ASSESSK€NT PURPOSES ONLY. NO LWBirTY IS ASSUvCD FOR Th€ ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCELS MAY NOT COMPLY WITH LOCAL SUBDIVISDN OR BUILDING ORDNANCES. MAP 10870-CARLSBAD TCT NO. 82-21 MAP 823 - RHO AGUA HEDIONDA POR LOT I - MM-231 ROS 3786. 4484. ^852. 5289. 5414,11507 , 12164 .43 01/21/2014 JGD 5* SEE DOC 02-079527 FOR BRG & DIST THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO UABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCELS MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. CHA NG E :s BLK PRJORAPN NEWAPN YR CUTNO 101 7&8 16-18 75 3986 9& 16 SAME& ST CLSD 77 5739 12 ST WID 78 4857 17& 18 19&20 83 2432 20 PG 37 83 203 11 21 &22 85 1326 GANG 1 SAME& AC CHG 85 5693 1 SAME& ST WID 89 4657 1 SAME& STOP 90 4668 21 PG 43 90 155 22 -430-29 90 10058 12& 15 23 97 1193 16 24&25 98 1499 s EE OTHE R CHANC ;E E CHANG ES BLK PRK)RAPN NEWAPN YR CUTNO 101 19 SAME& OP SP 98 5553 19 26&27 01 1658 26 28&29 01 2181 1 -430-30 01 203 28 SAME& OP SP 02 5615 23 30&31 03 1667 GANG 5& -230-29 32 04 1465 28 SAME & B/L CHG 04 5619 30 33&34 04 2074 28 SAME& OP SP 05 5510 28 SAME& OP SP 05 5563 25, 27 &29 KILL 14 1498 28 35&36 14 1499 24&36 37 14 1629 SAN DIEGO COUNTY ASSESSOR'S MAP BOOK 207 PAGE 10 SHT 2 OF 2 MAP 5871 - LAGUNA RIVIERA UNIT NO 1 MAP 823 - RANCHO AGUA HEDIONDA - POR LOT 1 MM 231, ROS 3786, 4484, 4852, 5289, 5414. 9017, 9564. 9860, 10874. 12164 1 * 20 2 I I 22 V ZA ST CLSD PAR 2 PAR © 17 14 © 34 © 10 DETAIL NO SCALE 27 8 28 29 5) 3! 32 OR. 5 © 4 207-23 1"=100' 07/31/2003 A¥ 33 ^^34- ^^1 10 SHT 2 CHANGES 3LK OLD hew m CUT 10 fib 73 230 29 Far -101-82 04 1465 LOTA ^^^^^ 5^ 'i 7 39 SAN DIEGO COUNTY ASSESSOR'S MAP BOOK 207 PAGE 23 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 SUBDIVISION OR BUILDING ORDINANCES. MAP 6165 - LAGUNA RIVIERA UNIT NO.2 MAP 5871 - LAGUNA RIVIERA UNIT NO. 1 CITY OF CARLSBAD REVIEW AND COMMENT MEMO 'ALWAYS SEND EXHIBITS • DATE: JANUARY 16. 2015 PROJEa NO(S): AV 15-01 REVIEW NO: 1 PROJECTTITLE: MAHON RESIDENCE APPLICANT: IAN MAHON TO: Land Development Engineering • Public Works (Storm Drain) - Clayton Dobbs • Police Department - J. Sasway • Public Works (Wastewater) - Don Wasko Fire Department - Greg Ryan • Public Works (Water) - Eric Sanders Building Division - Will Foss • Water/Sewer District • Parks & Recreation (Parks/Trails) - Liz Ketabian • Landscape Plancheck Consultant - PELA • Parks & Recreation (Trees & IVIedians) - Kyle Lancaster • School District • Public Works Department (Streets) • North County Transit District - Planning Dept. • Public Works Department (Traffic) - John Kim • Sempra Energy - Land Management •• Public Works Department (Design) - David Ahles SANDAG (Any huge/major development) 401 B. Street, Suite 800, San Diego CA 92101-4231 • Caltrans (Send anything adjacent to 1-5) State of California Dept. of Transportation Planning Division, ATTN: Jacob Armstrong 4050 Taylor Street, MS 240 San Diego, CA 92110 FROM: PLANNING DIVISION/ f v4 Please review and submit written comments and/or conditions to the TRACKING DESK in LDE at 1635 Faradav Avenue, by 2/6/15. If you have "No Comments/'please so state. If vou determine that there are items that need to be submitted to deem the application "complete" for processing, please immediately contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: Slgnaturi Date PLANS ATTACHED Review & Comment 8/14 CITY OF CARLSBAD REVIEW AND COMMENT MEMO *ALWAYS SEND EXHIBITS • DATE: JANUARY 16. 2015 PROJECT NO(S): AV 15-01 REVIEW NO: 1 PROJECT TITLE: MAHON RESIDENCE APPLICANT: IAN MAHON TO: • • • • • • • Land Development Engineering Police Department - J. Sasway Fire Department - Greg Ryan Building Division - Will Foss Parks & Recreation (Parks/Trails) - Liz Ketabian Parks & Recreation (Trees & Medians) - Kyle Lancaster Public Works Department (Streets) Public Works Department (Traffic) - John Kim Public Works Department (Design) - David Ahles SANDAG (Any huge/major development) 401 B. Street, Suite 800, San Diego CA 92101-4231 • Public Works (Storm Drain) - Clayton Dobbs n Public Works (Wastewater) - Don Wasko I I Public Works (Water) - Eric Sanders • Water/Sewer District 0 Landscape Plancheck Consultant - PELA |~~| School District CD North County Transit District - Planning Dept. []]] Sempra Energy - Land Management 1 I Caltrans (Send anything adjacent to 1-5) State of California Dept. of Transportation Planning Division, ATTN: Jacob Armstrong 4050 Taylor Street, MS 240 San Diego, CA 92110 FROM: PLANNING DIVISION /f^^ko^ Please review and submit written comments and/or conditions to the TRACKING DESK in LDE at 1635 Faradav Avenue, bv 2/6/15. If you have "No Comments," please so state. If vou determine that there are items that need to be submitted to deem the application "complete" for processing, please immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: £^5 pv" Ce>^^^^-(^ Signature PLANS ATTACHED Review & Comment 8/14 m m • a • mimm.mmm website at www.usps.coiriB Pos'age . eitlfied Fee Return ileclept Fee (Endorsemesiit Hequlred) O Restricted Delivery Fee • n (Endorsement Required) ru ru Totai Postage & Fees 1 $ ^^i) Sent To 'Sifeei'Api.'No.';' or POBox No. City, State, ZIP+4 IAN MAHON 4826 KELLY DRIVE CARLSBAD CA 92008 PS Form 3800, June 2002 See Reverse for Instructions ^A^;/J-W/^ Ccityof FILE Carlsbad May 19,2015 lan Mahon 4826 Kelly Drive Carlsbad, CA 92008 SUBJECT: AV 15-01 - MAHON RESIDENCE The City Planner has completed a review of your application for an Administrative Variance, AV 15-01 - MAHON RESIDENCE at 4826 Kelly Drive. After careful consideration of the circumstances surrounding this request, the City Planner has determined that the five findings required for granting an Administrative Variance CANNOT be made and therefore, DENIES this request based on the following fi ndings. Findings; 1. There ARE NOT special circumstances applicable to the subject property, including size, shape, topography, location or surroundings applicable to the property, and the strict application of the zoning ordinance DOES NOT deprive such property of privileges enjoyed by other property in the vicinity and under identical zoning classification in that the front yard is sufficient in size to enable a six foot tall wall to be built outside the front yard setback. Furthermore, the wall which is for decorative, noise attenuation or security purposes does not constitute relief from unusual difficulties or unnecessary hardships associated with the property in question in that the property is of average size and shape and is relatively flat with no physical constraints such as slopes. 2. The requested variance WOULD 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 in that no other property in the vicinity has an approved wall or fence over 42 inches in height within the front yard setback. Although, there are other walls exceeding the maximum allowed height in a front yard setback within the same neighborhood, none of these property owners possess variances for such wails. Therefore, none of these property owners have been granted a special privilege for their non-conforming walls. 3. The granting of this variance WOULD authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property in that the subject property is designated R-l - One Family Residential Zone and walls as permitted by the Carlsbad Municipal Code (CMC) are a typical component of residentially zoned areas. The proposed wall is located within the front yard setback and Is not permitted per CMC 21.46.130 which restricts wall helglit to a maximum of 42 Inches within the front yard setback. Corrjmunity & Economic Development Wanning Division j 1635 Faraday Avenue Carlsbad, CA 92008-73141760-602-46601760-602-8560 f | www.carlsbadca.gov USPS.com® ^ USPS Tracking™ Page 1 of2 English Customer Service USPS Mobile Register / Sign In USPS Tracking TM muspscoM Customer Service > Have questions? We're here to help. jflfj^ Get Easy Tracking Updates > ^A!^ Sign up for My USPS. Tracking Numljer: 70032260000331016114 Product & Tracking Information Postal Product: DATE & TIME June 16, 2015 ,11:45 am Features: Certified Mail™ STATUS OF ITEM Arrived at USPS Facility LOCATION CITY OF INDUSTRY, CA 91716 Available Actions Text Updates Email Updates Your item arrived af our USPS facility in CITY OF INDUSTRY, CA 91716 on June 16, 2015 fit 11:45 am. The item is currently in transit lo the destination. 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All Rights Reserved. https://tools.usps.com/go/TrackConfirmAction7tLabels-70032260000331016114 6/17/2015 «^c.vor ^ FILE COPY V^CARLSBAD Connnnunity & Economic Development www.carlsbadca.gov February 9, 2015 lan Mahon 4826 Kelly Drive Carlsbad, CA 92008 SUBJECT: 1st REVIEW FOR AV 15-01 - MAHON RESIDENCE Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Administrative Variance, application no. AV 15-01, 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 Division will begin processing your application as of the date of this communication. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Greg Fisher, at (760) 602-4629, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: • Land Development Engineering Division: Steven Bobbett, Associate Engineer, at (760) 602-2747 • Fire Department: Fire Inspections, at (760) 602-4661 Sincerely, CHRIS DeCERBO Principal Planner CD:GF:bd c: Don Neu, City Planner Steven Bobbett, Project Engineer Chris DeCerbo, Principal Planner Michele Masterson, Senior Management Analyst File Copy Data Entry Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® AV 15-01 - MAHON RESIDEN< February 9, 2015 Page 2 ISSUES OF CONCERN Planning: 1. Unfortunately, all of the necessary findings required for granting a variance to allow a six foot tall wall located within the required front yard setback for the property located at 4826 Kelly Drive cannot be made. The justifications provided by the applicant for two of the required variance findings (finding 1 & 2) are not the facts necessary to grant such a variance. For this reason, staff does not support the variance. Discussion/Planning Issues with two ofthe required findings: Finding No. 1 - Special Circumstances: There are no special circumstances associated with the property. The property is similar in shape, size and topography to other properties in the same vicinity and zone. The front yard is sufficient in size (depth) to enable the wall to be built outside of the front yard setback and provide privacy and noise attenuation from vehicles. Furthermore, the wall which is for noise attenuation, safety and/or security purposes does not constitute relief from unusual difficulties or unnecessary hardships associated with the project site. Finding No. 2 - Special Privilege: Although, there are other fences/walls exceeding the maximum allowed height permitted in a front yard setback on properties within the same vicinity and zone, none of these property owners possess variances for such fences/walls nor have complaints been filed with the City's Code Enforcement Division regarding such over height fences/walls. Therefore, the property in question is not being denied a special privilege that is possessed by other properties in the same vicinity and zone. 2. Staff also has concerns with the height of the wall adjacent to the driveway as it interferes with sight visibility of vehicles and pedestrians while backing out across the sidewalk into the street (refer to Engineering issue No. 6 below). 3. Please call staff to discuss the applicant's options regarding the processing of this administrative variance application. Engineering: Comments: 1. Map 5871 dedicated a 42' half street width for Kelly Drive. 2. DWG 157-4 for the improvement of Kelly Drive shows the face of curb 32' from centeriine and an 8' parkway. 3. The site plan submitted by the applicant shows the correct 42' half street width but incorrectly shows the distance from centeriine to the face of curb as 35' and a 7' parkway. 4. The site plan submitted by the applicant shows the existing wall located 10' behind the face of curb. A field measurement done on Feb. 4, 2015 indicated that the wall is approximately 9' behind the face of curb. AV 15-01 - MAHON RESIDENCE February 9, 2015 Page 3 5. The site is located on a straight portion of Kelly Drive and presents no sight distance restriction for vehicles traveling on Kelly Drive. Issues: 6. The 6' height of the wall adjacent to the driveway restricts the sight visibility of vehicles backing across the sidewalk and into the street. 7. The applicant should field verify all dimensions shown to confirm the following: the 34' half street width, the 8' parkway, a 9' distance from face of curb to the existing wall and a dimension of 1' from the right of way to the existing wall. FILE Carlsbad May 19, 2015 lan Mahon 4826 Kelly Drive Carlsbad, CA 92008 SUBJECT: AV 15-01 - MAHON RESIDENCE The City Planner has completed a review of your application for an Administrative Variance, AV 15-01 - MAHON RESIDENCE at 4826 Kelly Drive. After careful consideration of the circumstances surrounding this request, the City Planner has determined that the five findings required for granting an Administrative Variance CANNOT be made and therefore, DENIES this request based on the following findings. Findings: 1. There ARE NOT special circumstances applicable to the subject property, including size, shape, topography, location or surroundings applicable to the property, and the strict application of the zoning ordinance DOES NOT deprive such property of privileges enjoyed by other property in the vicinity and under identical zoning classification in that the front yard is suffident in size to enable a six foot tall wall to be built outside the front yard setback. Furthermore, the wall which is for decorative, noise attenuation or security purposes does not constitute relief from unusual difficulties or unnecessary hardships associated with the property in question in that the property is of average size and shape and is relatively flat with no physical constraints such as slopes. 2. The requested variance WOULD 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 in that no other property in the vicinity has an approved wall or fence over 42 Inches in height within the front yard setback. Although, there are other walls exceeding the maximum allowed height in a front yard setback within the same neighborhood, none of these property owners possess variances for such walls. Therefore, none of these property owners have been granted a special privilege for their non-conforming walls. 3. The granting of this variance WOULD authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property in that the subject property is designated R-l - One Family Residential Zone and walls as permitted by the Carlsbad Municipal Code (CMC) are a typical component of residentially zoned areas. The proposed wall is located within the front yard setback and is not permitted per CMC 21.46.130 which restricts wall height to a maximum of 42 inches within the front yard setback. Community & Economic Development Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141 760-602-46601760-602-8560 f | www.carlsbadca.gov AV 15-01 - MAHON RESIDEll May 19, 2015 Page 2 ' ...I T ''^^t 4. The granting of this vMitftfe ll/lflti adx^rsely affect the general purpose and intent ofthe general plan, in that the subject property is designated Residential Low-Medium (RLM) General Plan Land Use designation and although walls are a typical component of residentially designated areas, the subject wall is not consistent with development of single family neighborhoods and does not preserve the neighborhood atmosphere and identity ofthe existing residential area. 5. The granting of this variance WOULD BE consistent with the general purpose and intent of the certified local coastal program and WOULD NOT reduce or in any manner adversely affect the requirements for protection of coastal resources in that it would not have any impact on sensitive environmental resources. 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 $661.00 plus noticing fee. The filing of such appeal within such time limit shall stay the effective date ofthe order ofthe City Planner until such time as a final decision on the appeal is reached. Information regarding the appeal process can be found in section 21.54.140 ofthe Carlsbad Municipal Code. If you have any questions regarding this matter, please feel free to contact Greg Fisher at (760) 602-4629. Sincerely, DON NEU, AlCP City Planner DN:GF:fn c: Scott Rudinger, Code Enforcement Officer Van Lynch, Senior Planner Steven Bobbett, Project Engineer Michele Masterson, Senior Management Analyst Data Entry DMS File Copy