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HomeMy WebLinkAboutAV 91-12; Hill Residence; Administrative Variance (AV)! FOR PAGE 1 OF 2 APPLICATIONS APPUED FOR: (CHECK BOXES) (FOR DEPT USE own Master Plan Specific Plan ?rec:se Developrnenr P!an Tcnratlve ::act .Lhp ?!an..ed Deveiopmenr ?xrrit Son-Residential Planned Development Condormnium Pennit Special Use Pennit Redeveloprnenc Permit Tentative Parcel Map '=: a Cl 3 0 General Plan Amendment Local Coastal Plan .knendmenr Site Development Plan Zone Change Conditional L'se Perrrut Hillside Development Permit Environmental Impact Assessment Variance Planned Industrial Permit Coastal Development Permit PLanning Commission Determination List any ocher applications not speclFiced E 2) LOCATION OF PROJECT: ON THE (NAME OF STREET) i BEMEN 1 4) ASSESSOR PARCEL NO(S). 1 5) LOCAL FACILITIES MANAGEMENT ZONE 81 EXISTlNG ZONING DESIGNATION 6) EXISTlNG GENERAL PLAN RLvr\ 7) PROPOSED GENERAL PLAN 171 DESIGNATION m] 9) PROPOSED ZONING I'I lpms sm 11) PROPOSED NUMBER OF RESIDENTIAL UNITS OF LOTS I/( 12) PROPOSED NUMBER 13) TYPE OF SUBDMSION FI (RESIDENTIAL COMMERCW. INDUSTRIAL) 14) NUMBER OF EXISTING RESIDENTIAL UNITS I \ 1 15) PROPOSED INDUSIRIN. OFFICFJSQUARE FOOTAGE SQUARE FOOTAGE 16) PROPOSED COMMERCUL 17) PERCENTAGE OF PROWSED PROJECT IN OPEN SPACE 18) PROPOSED SEWER CSAGE IN EQUIVALENT DWELLING CNlTS 19) PROPOSED [NCREGE IN AMRGE DAILY TRAFFIC I I I 22) IN THE PROCESS OF REVTEWING THIS APPLICATlON IT MAY BE NECESSARY FOR MEMBERS OF CIT( STAFF, ENTER THE PROPE OF THIS APPLICATION. [/WE CONSENT TO ENTRY FOR THIS PURPOSE 1 PLWNING COMMISSIONERS. DESIGN REVIEW 30AfW MEMBERS, OR CITY COCNCIL MEMBERS TO INSPECT AND SIGNATURE I MAlLlNG ADDRESS MAILING ADDRESS I CERTlFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE lNFORMATlON IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. FOR CI7Y USE ONU FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED t 1 TOTAL FEE REQUIRED , DATE FEE PAlD I /o /25/7/ i I 1200 CARLSBAC -_ .! CITY OF CARLSBAD LLAGE DRIVE CARLSBAD, < - biORNIA 438-5621 .. ,_ 92008 ACCOUNT NO. DESCRIPTION AMOUNT e PROJECT NAME: I EES. APPLICANT NAME: st EPUl I \ - -, \ A. r-1!*l I Please describe fully the proposed project. 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. Rw. 4/91 ProjDeac.frrn 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: ~~ - d .- lrna TWL OH Th\S OECJPF&TY t OljP 140L > G e nL4s FL0nbb.h \\ TIWES IN TU\S TIWP PE@lQh, TRE Lc>ATEP CCL ShYS 'tUFt2E L4kF CJUOEQLWUNb ST'EL\hl6S Ch\ TGE WEd* .- c 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: L- 4 ClTYOFCARLSBAD APPLIclQnON REQUIREMENTS FOR ADMINIsrRATlVEVARIANcE'~' VARIANCE A variance application is required whenever an applicant desires a variance from the requirements of the zoning code. A variance may be approved as an administrative act by either the Planning Commission or the Planning Director. A variance which can be approved by the Planning Director is known as an Adminisaative variance and is limited to the following: 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; not result in a lot width less than fifty (SO) feet; 2. Modification of the minimum lot width regulation, provided such modification does 3. Walls or fences to exceed heights permitted by the zoning regulations; 4. Modifications to the sign area regulations, provided such modification does not 5. Modifications to the sign height regulations, provided such modification does not exceed ten percent of the maximum allowed sign area; exceed ten percent of the maximum allowed sign height. materials are required to be submitted with the application except as noted on #7 Completed Variance Justification Form. Eight (8) copies (four (4) copies for Administrative Variance) of a site plan prepared on a 24" x 36" sheet(s) folded to 8 1/2" x 11". The site plan shall include the following information: A. Name and address of applicant, engineer and/or architect, etc. B. Location, size and use of all easements. C. Dimensions's and 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. D. Distance between buildings and/or structures. E. Building setbackq (front, rear and sides). F. Location, height, and materials of walls and fences. -c 0 0 0 0 0 0 0 0 0 0 0 d 3. G. Location of freestanding signs. H. A summarytabfe 'indicating the following information (if applicable to the variance) : 1. 2. 3. 4. 5. 6. 7. 8. 9. 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 opedrecreational space (if applicable) cubic footage of storage space (if applicable). Eight (8) copies (four [4] copies for Administrative Variances) of the building and floor plans prepared on 24" x 36" sheets folded to 8 1/2" x 11" size. The building and floor plans shall include the following: A Location and size of storage areas (if applicable) B. AU buildings, structure, walls and/or fences, signs and exterior lights. One (1) copy of 8 1/2" x 11" site plan. (Not required for administrative variance.) One (1) copy of 8 1/2" x 11" location map (suggested scale 200" - vicinity maps on the site plan are not acceptable). Disclosure Statement. - Noll3: WHEN THE APPLICATION IS TENTATIVELY SCHEDULED TO BE HEARD BY THE DECE1ON"AKING BODY, THE PROJECT PLANNER WILL CONTACT *E APPLICANT AND ADVISE HIM TO SUBMIT THE RADIUS MAP, lW0 SETS OF THE PROPERIY OWNERS LIST. LABELS AND POSTAGE. THE APPLICANT SHALL BE REQUIRED TO SIGN A SI'ATEMENT CEXTIFYING THAT THE INFORMATION PROVIDED REPRESENTS THE LATEST EQUALlzED ASSESSMENT ROLLS FROM THE SAN DIEGO COUNTY ASSESSOR'S OFFICE. THE PROJECT WILL NOT GO FORWARD UNTIL THIS INFORMATION IS RECEIVED. 7. ProDerty Owners' List and Addressed Labels A typewritten list of names and addresses of all property owners 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 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. &Dlicant must submit separate check to cover cost of Dostage. a. 300 Foot Radius MaD 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. 9. Three (3) copies of the Preliminary Title Report (current within the last six [6] months). 10. Colored Site Plan and Elevation Plan (Not required with first submittal or with Administrative Variances.) It is the Applicant's responsibility to bring one (1) copy of a colored site plan and one(1) copy of a colored elevation to the Planning Department bv Noon einht (8) daw Drior to the Planninn Commission meetinn. Do not mount exhibits. DISCLOSURE STATEMENT I 1 APPLICANTS STATEMEM OF DISCLOSURE OF CERTAIN OWNERSHIP INERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTlON ON THE PART OF THE CRY COUNCIL OR ANY APPOINTED BOARD, COMMISSION OR COMMllTEE. I (Please Print) The following information must be disclosed: 1. Amlicant List the names and addresses of all persons having a financial interest in the application. 2. 3. 4. Owner List the names and addresses of all persons having any ownership interest in the property involved. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. If any person identifled pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. FRM00013 8/90 2075 Las Palmas Drive Carlsbad. California 92009-4859 - (619) 438-1 161 " Disclosure Statement (Over) Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes - No If yes, please indicate person@) I - Person is dofinod ao: 'Any individual, firm, copa~tnorrhip, jointvonturo, Urocidon, social club, fratornd organization, corporation, mtnto, trust, rscoivor, ryndicato, thir and any othor county, city and county, city municipdii, dirtrkt of oth.r political rubdiiirion, or uy othor group or combination acting na a unit.' ~~ ~ ~ ~~ ~~ (NOTE: Attach additional pages as necessafy.) Signature a4 appliant/date Print or type name of Owner Print or type name of applicant FRM00013 8/90 I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMllTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE ASSESSOR’S ROLES. APPLICATION NAME AND NUMBER S EWA E\a U; \\ APPLICANT OR APPLICANT’S REPRESENTATIVE BY & Ik hrn DATE q- 30- ci Z2 - RECEIVED BY - ClfY OF-CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, WIFORNIA 92008 438-5621 -._ I REC'D FROM DATE ACCOUNT NO. DESCRIPTION AMOUNT I I I I CASE CASE - BACKGROUND DATA SHEET NO: AV 91-12 . NAME: Hill Residence APPLICANT: SteDhen Hill REQUEsr AND LOCATION: An 8' retaining wall in the sidevard setback and a reduced sidevard setback. for a storage structure. from 8' to 2' LEGAL DESCRIPTION: 1 APN: 223-212-03 Acres .37 Proposed No. of Lots/Units 0 (Assessois Parcel Number) GENERAL PLAN AND ZONING Land Use Designation Residential Low Medium (RLM) Density Allowed 0 Density Proposed 0 Existing Zone PC Proposed Zone 0 Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Zoning Requirements) zoning Land Use Site PC RLM Residential North pC Residential south PC Residential East PC Residential west PC Residential PUBUC FACILKIES School District ,EDsinitas Water District Olivenhain Sewer District Ieucadia Equivalent Dwelling Units (Sewer Capacity) 1 Public Facilities Fee Agreement, dated Not Recpked ENVIRONMENTAL IMPACT ASSESSMENT - Negative Declaration, issued - Certified Environmental Impact Report, dated Other, Exempt Der Subsection 1535(aI of CEOA mlh e )livenhain Municipal Water Uistrict A Public Agency 1966 OLlVENHAlN ROAD 0 ENCINITAS, CA 92024 (61 9) 753-6466 CUSTOMER SERVICE REQUEST 0 REPAIR METER [7 WATER OUTAGE 0 DIRTY WATEWTURBIDITY 0 TASTE, ODOR, COLOR ;r) HI/LO PRESSURE 0 HIGH BILL OTHER: NEW READING: PREVIOUS READING: h ,City of Carlsbac, 2075 Las Palmas Drive, Carlsbad, California 92009 INSPECTION RECORD DO NOT REMOVE APPROVE-D PLANS MUST BE KEPT ON THE JOB -.I 3SX0 CALL FOR BUILDING INSPECTION AT (619) 438-3101 CALL FOR ENGINEERING INSPECTION AT (619) 438-3891 JOB ADDRESS: CADP"C/P. OWNERS NAME: I 1 " USE PLTAIN ZONE DATE .. 9//%/@ I PERMIT NO. CONTRACTOR BUILDING - d C- PLBG. ELECTRICAL IW(U SEWER MECHANICAL GRADING I I APPROVED TO COVER TYPE I DATE I INSPECTOR NOTES SHEATHING 0 ROOF 0 SHEAR !, ! " - " - - : . .' I .. ,' . " " -. .. . z .. 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the Citv Clerk I DATE : TO : FROM : RE : 9/21/93 TELEPHONE (619) 434-2808 Planning Director Assistant City Clerk AV 91-12 - Hill Residence THE ABOVE ITEM HAS BEEN APPEALED TO THE CITY COUNCIL. According to the Municipal Code, appeals must be heard by the City Council within 30 days of the date that the appeal was filed. (REMINDER: The item will not be noticed in the newspaper until the agenda bill is signed off by - all parties.) Please process this item in accordance with the procedures contained in the Agenda Bill Preparation Manual. If you have any questions, please call. ...................................... scheduled Date for the City Council 0 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the Cify Clerk - (619) 434-2808 APPEAL FORM n I (We) appeal the following decision of the %?khzwzd" 4&?LPf?d'd&rn to the City Council: Project Name and Number (or subject of appeal): - 9/ -/z[#) 0 Date of Decision: Reason for Appeal: _- CITY OF CARLSBAD -. 1200 CARLSBAD wrLLAGE DRIVE CARLSBAD, LJFORNIA 92008 438-5621 ACCOUNT NO. I DESCRIPTION AMOUNT RECEIPT NO. 4699 @Printed on recycled papcr. ....... .. .. ... TOTAL ' I -* ., ... -1 *. ... PUBLIC HEARING ITEM #10 AB #12,476 - APPEAL OF PLANNING COMMISSION DENIAL OF AN ADMINISTRATIVE VARIANCE - AV 91-12(A) - HILL ADDENDUM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Our home was purchased in 1978 Eleven (1 1) Floods - Our lives have been terribly disrupted each time it rained. We have continually fought this situation in every way by ourselves. Replacing carpet and drapes, pumping out water and mud, replacing drywall, etc. It has been a tremendous burden - physically, emotionally and financially. In 1987 we had a family death due to cancer. Two children, ages 8 and 10 were depending on us, as well as our own son, Jason, who was 7 years old at the time. In 1989 we applied for and were granted a permit to construct a second retaining wall. We worked cooperatively with the Community Development Department throughout the process of building the new retaining wall. These steps included City inspections and approvals all along the way. We removed the original retaining wall and slab. Four (4) more floods occurred. Carol Hill was diagnosed with cancer. Under duress, in an emergency situation with Winter storms on the way, we built the current structure, believing it to be within City Code. The structure was built for the sole Dwose of diverting flooding waters and mud from coming into our living room yet again. This action does not set a precedent due to these extremely unusual circumstances. Other properties in our area have exterior, not interior water conditions. Our wall has diverted and solved many of their problems caused by these subsurface conditions. We have made very attempt to provide the City with documentation of the subsurface water conditions from uphill properties. Documentation from the Olivenhain Municipal Water District (attached). Pictures are available of the water conditions on the surrounding properties. Engineers letters were made available from Mr. John Vernon which were attached to the m -2- " 0 0 0 0 0 0 0 0 Council Staff Report. (Mr. Vernon is a registered Geotechnical Engineer for the State of California and was recommended to us by the City.) Testimony from our surrounding neighbors and a copy of a GeotechnicdStmctural evaluation for the residence above us, which confirms moisture infiltration from the slope to the east of us. (This report was prepared by Accutech Engineering Systems, Inc.) We contend that having our living room flooded 15 times constitutes EXTRAORDINARY CIRCUMSTANCES. This variance is necessary for the preservation and enjoyment of a substantial property right to which we are deprived of by having to contend with continual flooding each winter. The mold and mildew problem creates an unsanitary living condition and is a threat to our health. The roof has stoDped the flooding Droblem. Our home is dry and healthy at this time -- even with last year's tremendous rain -- WE DID NOT FLOOD. The roof structure is not detrimental to the surrounding properties as evidenced by the lack of surrounding neighbors' opposition. Four (4) legal notices of public hearings regarding this issue were sent to Our surrounding neighbors. We have made every effort, in Food faith, to comply with the Planning Commission and City staff. It is essential for the welfare of our home and property that this structure remain in tact. We are asking that you be clear in your thoughts when interpreting our situation. This structure was designed openly and honestly with the City of Carlsbad Planning Department. We are not looking for a handout, but a hand of assistance in solving our problem. Strict application of the zoning ordinance would deprive us of privileges enjoyed by other properties in our vicinity and under identical zoning classification. The Municipal Code and Title 7 of the Government Code provide the basis for your approval of this variance request. We urgently request that you support our approval. We encourage you to have the grace, dignity and courage to allow us the opportunity to go forward with our lives in a dry home. -3- 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: We have the only property with such a large, sloping bank to the east of OUT property and continued elevation difference, to Borla Place, with a sunken living room as the lowest level, which collects the subsurface water. There is significant height differences between our property and that of our neighbors. Having had our living room flooded 15 times would constitute extraordinary circumstances. Most homes down the hill from our property originally had retaining walls built. Our property has not recorded soils reports. We have the only sunken living room with a steep bank next to it. The subsoil water conditions have been documented by the water district and other home owners in this area. We have the only home that has water coming through it. Unusual circumstances are in the documented testimony of the Olivenhain Municipal Water District, the City's Engineer, David Hauser, said "It is obvious that there is an underground water problem." and many neighbors will also testify that there is extraordinary subsurface ground water problems on this property which cause flooding to the living room, and is evident on other areas in the vicinity, by water that flows in curbs and water aquifers year round. The other locations within the area with any ground water problems have exterior problems ... not interior. -1- 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: This variance is necessary for the preservation and enjoyment of a substantial property right which we are deprived of by having to contend with continual flooding. No other home suffers the same inconveniences and property damage in.the vicinity an under identical zoning classification. Because of the flooding prior to the roofing of the area, there was a continual smell of mold and mildew in the home. As a young child our son, Jason, had severe problems with colds and ear infections. Mold and mildews are living spores and are not acceptable in a healthy home. The roof structure has provided us over the last few years with a dry living room and the mold and mildew has disappeared and no longer has an odor. This has, therefore, provided us with the preservation and enjoyment of a substantial property right, possessed by other property owners in the same vicinity. We have gone to extreme measures and personal expenses to preserve the quality of life in our home on our own. No other home owners in this area have had to attempt such drastic measures and expenses to live healthily and happily. The preservation and enjoyment of our property rights are jeopardized because of the flooding problem. No other properties within this area have similar problems, so they do not have the same needs. -2- 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: A precedence would not be set if other properties would request the same privilege because the structure was built for the sole purpose of diverting flooding of the living room. Other properties in this area do not have such extreme subsurface water conditions that come into their dwelling. Obstruction of light is not a consideration because we are not on the same level with surrounding properties. Our property and the one above are at great distances to each other. Therefore, there is not light obstruction. As far as emergency access and structure preparation is concerned, access is available on the other side of the house. There are also 8-foot double doors with access to the rear yard from the structure. There are many homes built in this City which are closer together than the home next to this structure where there is thirteen (13) feet of structure separation. The roof structure is not detrimental to the surrounding properties as evidenced by the lack of neighbor opposition to the structure after four (4) Public Notices were sent to each of the surrounding property owners. These notices were dated: October 1,1992, November 19,1992, April 8,1993 and November 4, 1993. (This was stated in the Findings Under Planning Commission Resolution No. 3465.) Findings ##2 Second day of December 1992 Signed by: Tome Erwin, Carlsbad Planning Commission -3- e I 'I I 0 .- =. ,I 4. Explain why the granting of such variance will not adversely affect the comprehensive plan: The granting of this variance will not adversely affect the Comprehensive General Plan because the site is developed with a single-family home in a residentially designated area. -4-