HomeMy WebLinkAboutAV 91-13; Weldon Residence; Administrative Variance (AV)0 Master Plan
0 Specific Plan
c] Precise Deyelopment Plan
Tenrarlve Tract Map
0 Tlanned Development Permit
0 Son-Residential Planned Development
0 Condominium Permit
Special Use Peht
0
Cl
0
a
I Ica'
I Tentative Parcel Map
a
General Plan Amendment
Local Coastal Plan Amendment
Site Development Plan
Zone Change
Conditional tise Permit
Hillside Developmenr Permit
Environmental Impact Assessment
Variance
Planned Industrial Permit
Coastal Development Permit
Planning Commission Determination
List any other applications not specificed
E
t"
men wo. 3052 J
i 4) .ASSESSOR PARCEL NO(S). z/o -OtO-/b
5) LOCAL FAClLmES MANAGEMENT ZONE 131 DESIGNATION 6) EXISIlNG GENERAL PIAN LJr\ 7) PROPOSED GENERU PLAN 1x1
DESIGNATION
8) EXISTING ZONING 9) PROPOSED ZONING
11) PROPOSED NUMBER OF 12) PROPOSED NUMBER I N/A ] 13) TYPE OF SUBDMSION RESIDENTIAL UNITS OF LOTS
(RESIDENW COMMERClAL INDUSlRlAL)
14) NUMBER OF EXtSIlNG RESIDEMW UNITS 101
15) PROPOSED INDUW OFFlCVSQUARE FOOTAGE 1/1 SQUARE FOOTAGE NA 16) PROPOSED COMMERCIAL
I
17) PERCENTAGE OF PROPOSED PROJECX IN OPEN SPACE [-“l
18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS a
19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC
CITY OF CARLSBAD A -
LAND USE REVIEW APPLICATION FORM PACE 2 3F 2
I
22) IN THE PROCESS OF CATION IT MAY BE NECESSARY FOR MEMBERS OF CllY STAFF.
PLANNING COMMISS W BOARD MEMBERS OR CIlY COUNCIL MEMBERS TO INSPECT .WD
ENTER THE PROPE E CONSENT TO ENTRY FOR THIS !
I
I
I I i
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:
The Subject property has more constraints on it than the rest of the properties
within the subdivision. It is the last vacant shorefront site. It is required to
have the residential structure setback behind a western stringline drawn from the
point on the adjacent residential structure to the south (not the furthest seaward
polnt), so lt is set back behind both adjacent houses. Also, the useable property
is further narrowed bv the concave curve of the street. These constraints make
the subject property the narrowest of all the properties on the street as far as
buildable area. 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:
n tn Yl rt tn t - " .. - "* " - -award
The property, being constrained as it is, does not allow the Owner ai large of a
buildable area as others with?" the s11hdlv1 SI on. Thp nrnnnsarl nrniaqt 1 c. Wable
area (with 5' sideyards) is only approximately 401x501 (2000 square feet) -- where
Of anywhere from 2200 square feet to 4900 square feet. Also, a survey of several of
the properties within the shoreline portion of the subdivision shows sideyard setbacks
as narrow 3% 3.8 foot !~.7hich ic :::+:: -). A: anal file
...
" - L LL. Y DL~ areas
.. ,.
research shows other properties within this shorefront to have 41 and 5' sideyard
5.
3. Explain why the granting of such variance will not be materially detrimental to the public
welfare or injurious to the prope4 or improvements in such vicinity and zone in which the
property is located:
Granting Of a variance to reduce the sideyard setbacks by 12"(inches) on either side
1;- VT#.l~..." " ""
.. . " " .."_ I LI .- property or improvements in the vicinity and zone. The property is the last vacant property
aicilirl he shozcefranrr or Lne SUD~ Jecognized
the constraints of those properties and have allowed for a minimum 5' sidevard. setback.
Other properties withid'the subdivision have received variances for even narrower
Vr TI.--- x -..kt 4 ..i -. L
L - - " YU""* "A",, Lll-CULCJ 11' Lhis (con' t .
4. Explain why the granting of such variance will not adversely affect the comprehensive ph: neg tPage )
The variance is for a decrease of 12 inches within :he sideyards of the last vacant
shorefront Darcel within an exlstup R 1 residential sllhrl1vlG1nn- T+ dnPc change zoning designations or change zoning regulations. At the time of the original develop-
meLL; "L ;LL JULdIVL3L~~l, LL ~db LC~U~IILZ~U LII~L ~llebt: pam~s {snoMroncl were more
.. - ...
...
constrained than others and the side and front yard setbacks were reduced slightly to
accommodate this, with a minimum 5I-O" side yard requirement. That was approved at
the time by the City.
City of Carlsbad
Justification for Variance
C. Weldon Property, Tierra Del Oro
Page 2
Question #3. continued:
vicinity even where side yards may be a little wider. It is the last
remaining vacant parcel, so no precedent would be set with this project
proposal and variance request.
PROJECT DESCRIPTION/EXPLANATION
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.
Description/Explanation.
The subject project site is located along the coast in the Tierra
Del Oro Subdivision of the City of Carlsbad, south of Agua Hedionda
Lagoon and the SDG&E Encina Power Plant facility. Proposed is the
development of a 2-level, wood frame, single family residence, approx-
imately 40 x 50 feet in plan dimension. The house will be above
and below grade with westward projecting tierred decks. The estimated
finished floor elevations for the house will be +45.08' and +35.87'
(MSL Datum) for the upper and lower levels respectively. The proposed
residence and decks will be located behind the stringlines created
by the existing residences adjacent on north and south.
The site is the last vacant shorefront site in the subdivision.
The extreme west edge of the site is exposed to the Pacific Ocean
and has an approximately 15 foot high nearly vertical eroded slope
face of terrace deposits which descends to the shoreline. At the
toe of the slope is an exposed level shelf, which is fronted 20 to
25 feet out by a berm of cobbles. Adjacent to the project site,
along both the northern and southern property boundaries, are developed
residential lots which have rock revetments at the shoreline. Proposed
for the subject site is a similar rock revetment to be constructed
to tie into the adjacent revetments. Backfill is proposed between
the rock revetment and the nearly vertical eroded slope to provide
a buttress (with a maximum slope of 2:l).
Other proposed work includes: (1) removal of existing vegetation
and obstructions and fences within the development area; (2) site
grading (cut and fill total of 730.5 cubic yards); (3) filling and
backfilling including landscape and planter areas; and (4) finish
grading.
The front yard setback proposed ranges from 10' to 32'-10" and conforms
with City Zoning Ordinance Section 21.46.070 (see Survey of properties
by Brian Smith Engineering, dated 9/4/91).
The sideyard setbacks are 5'-0". A variance is being requested by
this application to allow for the decrease on both sides from the
6'-0" required by the City Zoning Ord. for R-1 lots.
DISCLOSURE STATEMENT
APPLICANT‘S STATEMEM OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE I
DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED BOARD. COMMISSION OR COMMTTTEE. I
(Please Print)
The following information must be disclosed:
1.
2.
3.
4.
List the names and addresses of all persons having a financial interest in the application.
IPS R. L T.nl1 Anne We1 iinn et Paramount, CA 90723
list the names and addresses of all persons having any ownership interest in the property involved.
Same as fl
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.
N/A
If any person identified 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 0
2075 Las Paimas Drive - Carlsbad. California 92009-4859 (619) 438-1 167
Disclosure Statement
(Over)
Page 2
5. Have you had more than $250 worth of business transacted with any member of City staff, Boarcs
Commissions, Committees and Council within the past twelve months?
Yes - No -x, If yes, please indicate person(s)
Person is defined as: 'Any individual, firm, copartnership, joint venture. association. social club, fraternal organization. corporation. estate. trust.
rocewer. syndicate, thir and any other county, crty and county. city munic8p.IRy. district or other political rubdivirion. of any other group or
combmation acting aa a unit'
ages as necessary.)
Charles R. Weldon Charlee Wml&n
Print or type name of owner Print or type name of applicant
-.
ClTYOFCAIUSBAD
APPLICATION REQUIREMENTs FOR ADMTNIsrRAmvARIANCE
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 Administrative 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;
2. Modification of the minimum lot width regulation, provided such modification does
not result in a lot width less than fifty (50) feet;
3. Walls or fences to exceed heights permitted by the zoning regulations;
4. Mod,ifications 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.
The following materials are required to be submitted with the application except as noted on #7
Completed Variance Justification Form.
2. 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 infomation:
0 k Name and address of applicant, engineer and/or architect, etc.
0 B. Location, sue and use of all easements.
0 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.
0
0
0
D. Distance between buildings and/or structures.
E. Building setbacks (front, rear and sides).
F. Location, height, and materials of w& and fences.
6
4
h
0 G. Location of freestanding signs.
0 H. A summary table indicating the following information (if applicable to the
variance) :
0 1. site acreage
0
0
0
0
0
0
0
2. existing zone and land use
3. proposed land use
4. total building coverage
5. building square footage
6. percent landscaping
7. number of parking spaces
8. square footage of opedrecreational space (if applicable)
9. cubic footage of storage space (if applicable). a/ 3. 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. All buildings, structure, walls and/or fences, sip and exterior lights.
0 4. 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.
Completed "Project DescriptiodExplanation" sheet.
NOTE: WHEN THE APPLICATION IS TENTATIVELY SCHEDULED TO BE
HEARD BY THE DECISION MAKING BODY, THE PROJECT PLANNER WILL
CONTACT THE APPLICANT AND ADVISE HIM TO SUBMIT THE RADIUS MAP, TWO SETS OF THE PROPERTY OWNERS LIn. LABEIS AND POSTAGE. THE
APPLICANT SHALL BE REQUIRED TO SIGN A STATEMENT CERTIFYING
THAT THE INFORMATION PROVIDED REPRESENTS THE LATEST
EQUALIZED ASSESSMENT ROLLS FROM THE SAN DIEGO COUNTY
ASSESSOR'S OFFICE. THE PROJECT WILL NOT GO FORWARD UNTIL THIS
INFORMATION IS RECEIVED.
8. ProDem 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 Assessois 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 be included.
DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. ADDliCant
must submit seDarate check to cover cost of Dostane.
9. 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 owneis list. The
scale of the map may be reduced to a scale acceptable to the Planning Director
if the required scale is impractical.
10. Three (3) copies of the Preliminary Title Report (current within the last six 161 months).
11. 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 eiht 18) daw mior to the Planninn Commission rneetim. Do
not mount exhiiits.
,, ~*
REC'D FROM
ACCOUNT NO.' DESCRIPTION 1 AMOUNT