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Home My WebLink AboutAV 94-03; Shibe Residence; Administrative Variance (AV) (9)U 7 Master Plan c] Spdc Plan 0 Precise Development Plan 0 Tentative Tract Map 0 Planned Development Permit Non-Residential Planned Development 0 Condominium Permit 0 Special Use Permit [7 Redevelopment Pumit 0 Tentative Parcel # ~dminiswtive variance (TOR DEFT USE omn 0 General Plan Amendment 0 Local Coastal Plan Amendment 0 Site Development Plan 0 Zone Change 0 Hillside Devcloprnent Pdt 0 Environmental Impact Assessment [7 Variance 0 Planned Indusaial Permit 0 Coastal Development Permit P (FOR DEPT ’ 0 List any other applications not speciliced I 6) EXISnNG ZONING 1-1 9) PROPOSED ZONING 11) PROPOSED NUMBER OF 12) PROPOSED NUMBER wl 13) lWE OF SUBDMSION RESIDENT”. UNITS OF LOTS (REstDWnu COMMERCIAL INDUSIRIAL) 14) NUMBER OF EMSFING RESIDENTlAL UNfis -1 15) PROPOSED lNDUSIRIU OFFIWSQUARE FOOTAGE SQUARE FOOTAGE NA 16) PROPOSED C0”ERQU. - - ClTY OF CARLSBAD LAND USE WEW APPLICATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJEcl IN OPEN SPACE I 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNIT3 m 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC IXGl 20) PROJEC7 NAME: 22) IN THE PROCESS WING mrs APPLICATION IT MAY BE NECESSARY FOR MEM~ERS OF cm STAFF, PLANNING COM ENTER THE PR ON. I/WE CONSENT TO ENTRY FOR THIS FOR CITY USE ONU FEE COMPUTATION APPUCATION lW# FEE REoutRED 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. 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. The following materials are required to be submitted with the application except as noted on #7 and #0.: WJl. 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 information: d~~~$*~4c?A. Name and address of applicant, engineer and/or architect, etc. n' B. Location, size and use of all easements. C. ' Dimensions's and locations of: access, both pedestrian and vehicular, showing senice areas and points of ingress and egress, offstreet parking and loading areas showing location, number and typical dimension of spaces, and wheel stops. wy D. Distance between buildings and/or structures. ' .E. Building setbacks (front, rear and sides). dd F. Location, height, and materials of walls and fences. & G. Location of freestanding signs. Q=" H. A summary table indicating the following information (if applicable to the variance) : 1. site acreage . Po 2. existing zone and land use B-/c//L1k 3. proposed land use 4. total building coverage C, 2 b % 5. building square footage I + 4 004 -e"& 6. percent landscaping -* ' " 8. square footage of operdrecreational space (if applicable) 7. number of parking spaces n NfY 9. cubic footage of storage space (if applicable). D" 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, signs and exterior lights. B?g( 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). w16 Disclosure Statement. dJ: Completed "Project Description/Explanation" sheet. NOTE: WHEN THE APPLICATION IS TENTATIVELY SCHEDULED TO BE HEARD BY THE DECISION MAKING BODY, THE PROJECT PLANNER WILL CONTACTTHE APPLICANT AND ADVISE HIM TO SUBMIT THE RADIUS MAP, TWO SETS OF THE PROPER= OWNERS LIST AND LABELS. THE APPLICANT SHALL BE REQUIRED TO SIGN A !!XAl'EMENT CERTIFYING THAT THE INFORMATION PROVIDED REPRESENTS THE LAl" EQUALIZED ASSESSMENT ROLlS FROM THE SAN DIEGO COUNTY ASSESSOR'S OFFICE, THE PROJECT WIU NOT GO FORWARD UNTIL THIS INFORMATION IS RECEIVED. 8. Propem 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 must be included. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. 9. 300 Foot Radius Mar, 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. 10 -1 1. Colored Site Plan and Elevation Plan (Not required with first' submittal or with Administrative Variances.) It is the Applicant3 responsibility to bhg one (1) copy of a colored site plan and one(1) copy of a colored elevation to the Planning Department bv No& ekht (81 daw DI~O~ to the Planninn Commission meeting. Do not mount exhibits. 0 &12. Deposit fomces - See Fee Schedule for amount. DISCLOSURE STATEMENT I I APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE OISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL. OR ANY APPOINTED BOARD. COMMISSION OR COMMllTEE. -~ (Please Print) The following information must be disclosed: 1. Amlicant esses of all persons having a financial interest in the application. SS~S e.1 &-b\ Dr cads lol& C.A oyrooa ,-6- 2. Owner List the names and addresses of all persons having any ownership interest in the property involved. JokM d8 5t.l; be I\d4 x. Shi & SG?YS-ci( Fkbd UP &r\sM PA q2eQs -8- J 3. 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. \ 4. If any person identMed 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. 2075 Las Palmas Drive 0 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 x If yes, please indicate person(s) - Person is defined aa: 'Any individual. firm. copartnership. joint venture, association. social club. fraternal organization, corporation, estate. trust. receiver. syndicat., th!s and any other county, crty and county, city municipality, distrid or other political subdivlsion. of any other group or combmation acting as a unit' L (NOTE: Attach additional pages as necessary.) A [& BY@- &"-?,4 ignature'of Owner/date h. Print or type name of owner Print or type name of applicant PROJECT DESCRlPTION/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. &fdQsc CI Rw. 4/91 ProjOerc.frm Request for Admi ni strati ve Vari ance existing 5' encroachment into +rant setbaci:: Request. for Administrative Variance to modify and legalize ~~e.kha:cI.:: from the 1-eqttif-ed 2Q' front yard to a 15' frcx-tt yard setttaci:: and allow a five foot encroachment. into t.hat required siztbacl:: without a1 terati ans to *.he e:.: i st.i ng house. Plr. and Plt-s. Shibe request the grantisg of an Administrative Variance ti3 modify and legalize the fr-ont yard setbacl.:: drotn the required 2C' to a 15' dront yard setback and allow a Cive +coat eEcroachment. i ntm that r-equi red setbact:: without a? terati on to t!-ie e:.:i!;ting house. Such Variance would correct an error- created at time mf construct.i on of house and prior to t.he Shi be5 buying the hot^.^. The legal izing os the encroachment wok-tfd a1 lfi~il the Shibes the full erljoynent of their r-etirement home. The existing diminished front yard setback has existed since the !?i:)use !4as bui lt in 1973. We bought the house in 1978 and the setback: situation was not noticed at the tine of purchase. Nith the a1.d landscape and terrain elevation, the di.f f erence i s not vis?t..Lally outstanding. The 15' setback exists in this tract a'!: this corner house and also on the house at c:orner- of Cerezo and El Ar-bol :, both houses part of the same tract 1~r:~ject.. The present 1 ocatiun of the house on the pad mab::es it virtual 1.y i mpossib1.e to re.# inance 121- sell the hnuse in its present. rt:jnditi on without the requested variance. !"low t,hat we I.::nuw of the five foot encraachment, 1 title insuranc:e may Eat be avai 1.abl.e due to nor?.-c:un.f:nrmit::i. Changes to the e:.: isting structure waul d rr-eate an euonwmi c hat-dshi p" In order to remove the encroachment the Shibes WC)LL~~ have to have, at least, the hip rnof re--desiyned and engineered, .the el ec.tri cal. gas and water servi ces changed and 1 eave two t)(:?dro::)ms LAJith odc! dimensions to the extent that one wo~ild have to be el. i mi nated ,, The vari. ante i s a1 so sought sc~ that i .f we want: to add Cjri a new mac;i:.er bedroom over the garage, we are able to fol low the same gt..\idelines enjoyed by owners of conforming properties in this same neighbarhood. We believe that in granting t.his Variance an error will be corrected, ill not visually create any changes that will alter the neighborhood, wi 11 not. impact the zoning, does not exceed seventy-five percent of required .front yarct nor impart or exceed the ten percent of maximum lot coverage. ,john H. Shibe Ilda R. Shibe Administrative Variance JUSTIFICATION FOR 'JARIC'1NCE 1. Exceptional conditions apply to the subject property that do not apply to other properties in the same vicinity I ., . . IN 'THCST A B\JILDING error was committed at time a+ construction of house in 1973. same which resulted in this house having a 15'.Front yard or 5' shorter front yard setback: than oizher- houses in the same tract and neighbohood. The bui lding errcw was passed cn to us, and is 50 imperceptib1.e tu the naked eye, that error had not been perceived until very recently. Now t!-iat error' is known, disclosure requirements might not alluw us t.o sel 1 /I-e-"$ i r- lance property with the e:.:?.!zting diminished, non con.i:oi-.mirtg front yard setback. Other hnt-tses bui it by the same l:)ui lder in the same tract have the correct setback. -1 L. An Administrative Variance is necessary for the preservation and enjnymemt of a substantial property right possessed by other property ownet" in the same vicinity and zone but which :LS denied to the property in question . .. . .. .BECAUSE THE DEFICIENCY makes the property fa1 1 into a category which a1 1 ows no more than 4Q% f 1 aor expansion. i-iou.l.;ec i1-I the area are being remodeled to greater than 40% f loor- expansiuns. Additionally, we may not be able to refinance/sell property with title insurance showing a non--cnnforming strctctwe due tu d:i.minished yard setbacks. 4. The granting of an Administrative Variance will not adversely affect: the comprehensive plan . ,. . I BECAUSE THE GRAN'TING +or one dwel X i 1-19 unit? i s cor?!i;i stent with .!-.he uses al. lowed by the General Plan and within the powers allowed to t.he Planning 0:i.rectot" *ya-"-~ " b: ... L . ' *.. JU 1. fl 5 1994 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. APPLICATION NAME AND NUMBER I! 9493 5hi he APPLICANT OR APPLICANT'S REPRESENTATIVE BY (i I DATE \Z/LT /.i 4 / RECEIVED BY -\\I' 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008 434-2867 REC'D ACCOUNT NO. DESCRIPTION I AMOUNT NOT VALID UNLESS VALIDATED BY CASH REGISTER