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HomeMy WebLinkAboutAV 88-02; Berman Six-Foot Fence; Administrative Variance (AV)City 0" Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 '(619) 438-1161 Sinc+.-Family Variance $100.00 0th' 'ariances $330. PLANNING DEPARTMENT ADMINISTRATIVE VARIANCE APPLICATION lcomplete Description of Project (attach additional sheets if necessary) Location of Project +375 57dmm sz Legal Description (complete) bf /0? of &&dad a 8q-3.5,, 2. afnw ,I& If 6-Tzt e~ / kJI% "KPr@t&,, fy Alii Local Facility Management Zone Zone 'A'sswssors Parcel Numlje 3. I /67 - 563 b y$z f(. r TGran Existing Land Use Owner Applicant Name (Print or Type) Mailing Address Mailing Address Name (Print or Type) I CERTIFY THAT I AM THE OWNER'S I CERTIFY THAT I AM THE LEGAL OWNER City and State Zip Telephone City and State Zip Telephone *LJh\lD mm l3.5m-w 4375 57MFZ-m e+ ShMG CApLsBkb,&. 920B 434 - 7833 ND THAT ALL THE ABOVE INFORMATION TRUE AND CORRECT TO THE BEST OF Y KNOWLEDGE. REPRESENTATIVE AND THAT ALL' THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE P ROJECT NUMBER (S) 2075 LAS PALMAS DRIVE CARLSBAD, CA 920094859 TELEPHONE (619) 438-1 161 DEVELOPMENT PROCESSING SERVICES DIVISION ADMINISTRATIVE VARIANCE INFORMATION Variances granted by the Land Use Planning Manager shall be limited to : 1. Modification of distance or area regulations, provided such modification does not exceed seventy-five percent of required front, side or rear yards nor exceed ten percent of maximum lot coverage regulations; 2. Modification of the minimum lot width regulation, provided such modification does not result in a lot width less than fifty (50) feet; ells 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. a "-- SPECIFIC REQUIREMENTS 1. 2. 3. 4. 5. 6. 7. Completed Justification For Variance Form. Four (4j copies of site plan (24'' x 36" folded to 84'' x 1 1'l) shall include the following information : - Name and address of applicant, engineer and/or architect, etc. - AlI- easements - Dimensioned locations of: access, both pedestrian and vehicular, showing service areas and points of ingress and egress offstreet parking and loading areas showing location, number and typical dimension of spaces, and wheel stops - distances between buildings and/or structures - building setbacks (front, rear and sides) - location, heiqht, and materials of walls and fences - Eation of freestanding signs- - a summary table indicating the following information (if applicable to the variance) : site acreage existing zone and land use proposed land use total building coverage building square footage percent landscaping number of parking spaces square footage of openlrecreational space (if applicable) cubic footage of storage space (if applicable). Four (4) copies of building elevations and floor plans (24" x 36" folded to 8i" x 1 11') shall include the following information: - location and size of storage areas - all buildings, structures, -signs and exterior lights. One (1) copy of 84'' x 11" location map (suggested scale 200" - vicinity maps on the site plan are not acceptable). Disclosure Statement. Property Owners' List and Addressed Labels - A typewritten list of the names and addresses of all property owners and occupants within a 300 foot radius 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 property owners and occupants within a 300 foot radius of subject property. For any address other than single family residence, apartment or suite number must be included. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. Applicant must submit separate check to cover cost of postage. 300 Foot Radius Map A map to scale not less than 1" = 200' showing each lot within 300 feet of the exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. APPLICANT DISCLOSURE FORM In order to assist the members of the Planning Commission and City Council to avoid possible conflicts of interest, all applicants are required to complete this disclosure form at the time of submitting their application. When this form has been completed and signed, the information will be relied upon by them in determining if a conflict may exist, so please ensure that all of the information is completed and accurate. If at anytime before a final action on your application has been rendered, any of the information required by this disclosure changes, an amendment reflecting this change must be filed. If the applicant is an individual, or a partnership (either general or limited) or a joint venture, please state the full name, address and phone number of each person or individual (including trusts) who own any beneficial interest in the property which is the subject of this application. Should one or more parties to the application be a partnership or joint venture, then please state the full legal name of the partnership or joint venture, its legal address and the name and address of each individual person who is a general and/or limited partner or member of the joint venture. - Should one or more of the parties be a privately held corporation (10 shareholders or less) or a real estate syndication, then please indicate the state of incorporation or syndication, corporate number, date of incorporation or syndication, corporate or syndicate address, and the full names and addresses of each individual shareholder or syndicate member. Should the corporation be a publicly held corporation, then state the full name and address of the corporation, the place of its incorporation, number of shareholders, and the name and address of the officers of the corporation. Should you feel that additional information needs to be provided in order to provide a full disclosure, please include it. DISCLOSURE FORM APPLICANT: AGENT: Sj.Yz5L pdb /Gm5d &-m& Name (individual, partnership, joint venture, corporation, syndication) 437g 57mmm 57- ew&5&?a -fftts(ness Address Telephone Number +34*7833 Telephone Number /& f IWdJ Name Business Address Telephone Number MEMBERS: Name (individual, partner, joint Home Address venture, corporation, syndication) Business Address Telephone Number Telephone Number Name Home Address Business Address Telephone Number Telephone Number (Attach more sheets if necessary) I/We understand that if this project is located in the Coastal Zone, I /we will apply for Coastal Commission Approval prior to development. I/We acknowledge that 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 entry for this purpose. I/We declare under penalty of perjury that the information contained in this disclosure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. BY Agent, Owner, Partner 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 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: Due to the irresular shape of our lot, unique unto itselfin therlevelopmnt, the been Dositioned parallel to the street or similiar to the corner lot all other homes on Stanford St., the side of the house and eet . (Please see attached site plan). 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: In comlyinq with the fencinq set back regulation, we would be subject to loss of use of almost 2,000 SF of our property, due to its unique position in relation to the street. While all other homes on Stanford St. are free from the sa restrictions to their side and back yard uses, we are subject to loss of intended use for a larqe section of our lot. With a future pool to instal1,the loss of property would qreatly effect and limit any use of our backyard ability to fence the property at 6' for public safety concerns. 3) Explain why the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located: Between the start of the fence off the northeast side of the house and the northeast corner of our property, there is 45', almost the width of most lots. The street and sidewalk is visible so that cars and pedestrians can be viewed clearly before exiting the driveway. It is also an aesthetically pleasing looking fence and should enhance the look of the house and street area. 4) Explain why the granting of such variance will not adversely affect the comprehensive plan : variance we are requestinq is for one purpose only. All we are requesting 1s fnr the same use of our property as is afforded to all other home mers on 1 metically pleasinq corrponents and methods of installation. to mintain the 1ty and quality of OurSurroundinq enviromnt. I BACKGROUND DATA SHEET CASE NO: AV 88-2 APPLICANT: She1 & Karen Berman REQUEST AND LOCATION: Appeal of Planninq Director's denial of Administrative Variance to allow a 6' hish fence in the reauired front yard setback. LEGAL DESCRIPTION: Lot 189 of Carlsbad Tract 84-35 Unit 2 accordins to Map 11672 on file with the Countv Recorder of San Dieso. APN: 167-563-142 Acres .4 Proposed No. of Lots/Units 1 GENERAL PLAN AND ZONING Land Use Designation R- 1 Density Allowed 0-3.2 du/ac Density Proposed R-1 Existing Zone R-1 Proposed Zone R-1 Surrounding Zoning and Land Use: Zoninq Land Use Site R-1 SFD North R-1 SFD South R- 1 SFD East R- 1 SFD West R-1 SFD PUBLIC FACILITIES School District Carlsbad Water *Costa Real Sewer Carlsbad EDU's Public Facilities Fee Agreement, dated N/A (*The City of Carlsbad will provide water service to all projects in Carlsbad except those located in the Olivenhain and San Marcos Sewer Districts.) ENVIRONMENTAL IMPACT ASSESSMENT Other, Exempt under Section 15303le). New Construction or Conversion of small structures 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the City Clerk I (We) appeal the following decision of the &h%i?,& @WI/SS/DN to the City Council: Project Name and Number (or subject of appeal ) : 9 .4 6‘ FZNC~ Date of Decision: Reason for Appeal : Date ‘ fiE&Y;rnW Name (Please Print) Address Telephone Number CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 438-5621 ACCOUNT NO. "'I DESCRIPTION 1 AMOUNT RECEIPT NO. $08 9 9 TOTAL 1 CI1" OF CARLSBAD - AGEND-BILL T1TLE:APPROVAL OF PLANNING COMMISSION DENIAL OF AN ADMINISTRATIVE VARIANCE FOR A A SIX-FOOT FENCE WITHIN A FRONTYARD SETBACK - AV 88-2 BERMAN RECOMMENDED ACTION: DEPT. HD. * Both the Planning Commission and staff are recommending that the City Council uphold the Planning Director's DENIAL of AV 88-2. I I- The applicant is appealing a Planning Commission denial of a variance for a six-foot fence in the frontyard setback at 4375 Stanford Street in the R-1-7500 Zone. The house is oriented with its front entrance facing the sideyard rather than Stanford Street. The applicant informed staff that when he bought the house the developer informed him that he would be able' to construct a six-foot fence along his front property line on Stanford Street. The applicant also stated that he received confirmation of this information from City staff members. However, before he started construction of the fence, he was informed by staff that it would require an Administrative Variance. The applicant then proceeded to build the fence prior to receiving approval or denial of an Administrative Variance. The Planning Director could not make the four findings required to grant an Administrative Variance and denied this request. I There were no exceptional circumstances that applied to this property since his backyard was comparable in size to his neighbor's backyards. The six-foot fence would grant him a greater amount of privacy than that possessed by his neighbors and would create an undesirable visual impact on the neighborhood. At the July 20, 1988 Planning Commission meeting the applicant and a number of neighbors spoke in favor of granting the requested variance. The Commission understood the applicant's concern for privacy and the fact that he was originally provided with incorrect information. Based on this they offered a compromise of moving the fence back five feet rather than the required twenty feet from the front property line. The applicant stated that he could not accept this compromise due to the cost of relocating the fence. The Commission Denied the appeal of AV 88-2 unanimously. I ENVIRONMENTAL REVIEW The Planning Director has determined that the project is categorically exempt under Section 15303(c) (New Construction or Conversion of Small Structures) of the California Environmental Page 2 of Agenda Bill No. 7613 FISCAL IMPACT None if the Council grants the appeal. If the Council denies the appeal the applicant will have to bear the cost of relocating the fence . EXHIBITS 1) Location Map. 2) Planning Commission Resolution No. 2760. 3) Planning Commission Staff Report, dated July 20, 1988. 4) Excerpts from Planning Commission Minutes dated July 20, 5) Appeal from applicant. 1988.