HomeMy WebLinkAboutAV 95-06; LAGOON WATERFRONT LLC; Administrative Variance (AV)!/ /
. - CIT OF CARLSBAD
PLANNING DE tRTMENTJRECORDS MANAGEMENT
DOCUMENT MANAGEMENT SYSTEM
- SCANNED/IMAGED SHEET
The following documents are scanned and indexed into the Document Management System:
INITIAL DOCUMENT(S) IMAGED BY IMAGED DATE
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IMAGED
MAY 382002
CITY OF CARLSBAD
- PLANNING DEPARTMENT
ADDED DOCUMENT(S) IMAGED BY IMAGED DATE
PAGE Revised March 30,2001
CITY OF CARLSBAD
LAND USE REVIEW.APPLICATION
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
(FOR DEPT
USE ONLY)
Master Plan General Plan Amendment
FOR PAGE 1 OF 2
(FOR DEPT
USE ONLY)
0 Specific Plan f I F1 Local Coastal Plan Amendment
0 Precise Development Plan I 111 Site Development Plan
0 Tentative Tract Map I I 0 Zone Change
Planned Development Permit I I 0 Conditional Use Permit
0 Non-Residential Planned Development I I 0 Hillside Development Permit
Condominium Permit IC, ç-ozI 0 Environmental Impact Assessment
0 Special Use Permit I I 0 Variance
0 Redevelopment Permit I I M Planned Industrial Permit
Tentative Parcel Map Oq rl Coastal Development Permit
Obtain from Eng. Dept 'f)
Administrative Variance Planning Commission Determination
0 Administrative Permit - 2nd Dwelling Unit List any other applications not spcciticed
2) LOCATION OF PROJECT: ON THE I SOuTH ] SIDE OF I COVF flR TVF I
(NORTH,. SOUTH EAST, WEST)____________________ (NAME OF STREET)
BEEN I PARK DRIVE AND I COVE DR. CUL—DE—dAC
(NAME OF STREET) (NAME OF STREET)
3) BRIEF LEGAL DESCRIPTION:
4) ASSESSOR PARCEL NO(S). 2O7-15O-21 I
5) LOCAL FACILITIES I 17 6) EXISTING GENERAL PLAN 1fw l) PROPOSED GENERAL PLAN p
MANAGEMENT ZONE DESIGNATION DESIGNATION
8) EXISTING ZONING "j R-%4 9) PROPOSED ZONING •1'RW 10) GROSS SITE LEI ACREAGE
11) PROPOSED NUMBER OF J72 12) PROPOSED NUMBER 13) TYPE OF SUBDIVISION RES RESIDENTIAL UNITS OF LOTS i
(RESIDENTIAL, COMMERCIAL ,INDUSTRIAL)
14) NUMBER OF EXISTING RESIDENTIAL I 2 I UNITS
15) PROPOSED INDUSTRIAL I N/A 116) PROPOSED COMMERCIAL I N/A I
OFFICE/SQUARE FOOTAGE . SQUARE FOOTAGE
NOTE: .(1. APPthA11 ... :?:.
PRQJET .REQUIRIN TONLYQE 4WUV4T1O B FU.W MUST B SUSMJTTED mo T04 OGPM.
FRM000I6 8/90
21)
CITY OF CARLSBAD
LAND USE REVIEW APPLICATION FORM PAGE 2 0F2
17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE I RAE
I
18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS ILiLln FT1I
19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC I NONE I
20) PROJECT NAME: FLAG-0004 WATERFRONT LLC GONG CONVERSION I
22) IN THE PROCESS OF REVIEWING FHIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CI? STAFF,
PLANNING COMMISSIONERS, 0 IGN REVIEW BOARD MEMBERS, OR CITY CO(JN(IL MEMBERS TO INSPECT AND
ENTER THE PROP E SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS
PURPOSE
SIGNATURE
23)OWNER D. JACK/LAGOON WATERFRONT LL 24) APPLICANT SAMF
NAME (PRINT OR TYPE) . NAME (PRINT OR TYPE)
D. JACK/LAGOON WATERFRONT LLC SANE
MAILING ADDRESS MAILING ADDRESS
P.O. BOX 2198. SAME
CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE
CARLSBAD, CA 92018 619/722-6358 SANE
i caTir THAT i AM mz IAGAL OWNTh I CEATY THAT I AM THE =AL OWN.'s A!(FA1W! AND
AND THAT ALL ThE AIOY! INPOMAflON THAT ALL. ml AWl! DIMA11OW IS TRUE AND COM= 10 TILE
IS TRUE AND OWPWr 10 ThE 8W CW US? or MY IG*OWLGE.
MY lmwLEDG
DATE 8/14/95 SIGNA DATE
I.1i5'Ii
FEE COMPUTATION:
APPLICATION TYPE FEE REQUIRED
c'-p 4/'19.c9Q
At) q30.c)o
EM a 20 , 010
____ -
AJOTJc.5 i (.5t7:c7• roc).00
TOTAL FEE REQUIRED I ;- C) I. 00
DATE FEE PAID
RECEIVED
AUG 1 6 1995
Cirl ' - ra r OFF
r" r'' I.
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
TD. (c" CesJ3-s),' cLQc1c1 I v..t..)
RECEIPT No. I IO
-J
REZCEVE
iiL.J 1*'.i
- APPUCATION REQUIREMENTS FOR G19, CARLSA!
ADMINISTRATiVE VARIANCE PTW
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. 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.
The following materials are required to be submitted with the application except as noted on #7
and #8.:
1. Completed Variance Justification Form.
El 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:
A. Name and address of applicant, engineer and/or architect, etc.
121 B. Location, size and use of all easements.
121' 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.
El D. Distance between buildings and/or structures.
13' E. Building setbacks (front, rear and sides).
El' F. Location, heir%CES.,d materials of walls and fences.
NO WALLS)
FRM0004 10/92
G. Location of freestanding signs.
EJ
H. A summary table indicating the following information (if applicable to the
variance):
1. site acreage
2. existing zone and land use
3. proposed land use
4. total building coverage
EJ
S. building square footage
6. percent landscaping
7. number of parking spaces
- 8. square footage of open/recreational space (if applicable)
9. cubic footage of storage space (if applicable).
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.
4. One (1) copy of 8 1/2" x 11" site plan. (Not required for administrative variance.)
S. One (1) copy of 8 1/2" x 11" location map (suggested scale 200" - vicinity maps on
the site plan are not acceptable).
6. Disclosure Statement.
7. Completed "Project Description/Explanation" sheet.
FRM0004 10/92
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 LIST AND LABELS. 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. Property 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.
9. 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.
10. Three (3) copies of the Preliminary Title Report (current within the last six [6]
months).
El 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 by Noon eight (8) days or to the Planning Commission meeting. Do
not mount exhibits.
El' 12. Deposit for Publication of Notices - See Fee Schedule for amount.
FRM0004 10/92
Carlsbad
- - ---- DISCLOSURE STATEMENT
APPLICANT'S STATEMENT OF 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.
a re C ell
(Please Print)
The following information must be disclosed: AUG 1 0 1995
a9 CF CAcW 1. Apolicant
List the names and addresses of all persons having a financial interest in the application.
fl. .JACIC/l AGOON WATFRFPflNT LLC
P.O. BOX 2198
CARLSBAD, CA 92018
2. Owner
List the names and addresses of all persons having any ownership interest in the property involved.
D. JACK/LAGOON. WATERFRONT II
P.O._ROY_91R
CARLSBAD,_CA92018
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.
N/A
4. 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.
N/A
FRM00013 8/90 -
2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161
4 •r
(Over)
Disclosure Statement 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 .....L If yes, please indicate person(s)
Person is defined as: 'Any individual, firm. copartnership. joint venture, association, social club, fraternal organization, corporation, estate. trist.
receiver, syndicate, 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.
(NOTE: Attach additional pages as necessary.)
~ ~1 :0 8/1LI/95
Signature of Owner/date
D JACK
Print or type name of owner Print or type name of applicant
FR.M00013 8/90
QUALITY
ORIGINAL (S)
14#•
ILLAGE DRIVE CARLSBAD,tti 92008 qi °/i01J CARLSBA
CITY OF CARLSBAD
434-2867
REC'D — DATE _/0 s1P
ACCOUNT NO. DESCRIPTION AMOUNT
fdalaawa,- L!-- '60 1' I
tVO5/ co:t 01 02
RFCFIPT N P NOT VALID UNLESS VALIDATED BY TOTAL
® Printed on recycled paper. CASH REGISTER 7-7 7cZ,
.
fl
bad
DISCLOSURE STATEMENT
APPLICANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQuE
DISCRETIONARY ACTION ON THE PART OF THE crrv COUNCIL OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE.
IIa -
Please Print)
The following information must be disclosed: AUG 1 6 1995
CF 1. Applicant
List the names and addresses of all persons having a financial interest in the application.
fl. .JACK/IAIOAN WATFPFPANT LLC p.o. Box 2198
CARLSBAflJ, CA 92018
2. Owner
List the names and addresses of all persons having any ownership interest in the property involved.
D. JACK JLAGOON. WATERFRONT II
P.O._ BOX _21R
CARLSBADI cA 92018
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.
N/A
4. 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.
N/A
FRM00013 8/90
2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161
-
(Over)
Disclosure Statement Page 2
5. Have you had more than $250 worth of business transacted with any member of City staff, Boarc.
Commissions, Committees and Council within the past twelve months?
Yes - No .L If yes, please indicate person(s)__________________________________________________
Person is defined U: 'Any individual, firm, copartnership. joint v.ntur., usociation, social club, fraternal organization, corporation. estate. trust.
receiver. syndical., this and any other county, city and county. city municipality, district or other political subdivision, or any QtIiSr group or
combination acting as a unit'
(NOTE: Attach additional pages as necessary.)
71 :~~ 8/14/95
Signature of Owner/date
D. JACK
Print or type name of owner
signair( applicant/date
ckfr
Print or type name of applicant
11571 & 11575 COVE DR. RMEIVED
AUG 1 6 1995
JUSTIFICATION FOR VARIANCE Cnv o C!LD
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 nor Apply generally to the othêi property or
class of use in the same vicinity arid zone: -
The subject property is located at 4571 & 4575 Cove Drive. To accommodate a
condominium conversion from these two (2) residential apartments, we are requesting only
one (1) Administrative Variance. Our application is for approval to vary from a 20' front
yard set back, to instead a 10'8" front yard set back. As illustrated by the enclosed
documentation, ("NEIGHBORHOOD FRONT YARD SET BACK COMPARATIVE") analysis,
we are simply requesting to be allowed the same front yard setbacks that the majority
(83%) of existing Cove Drive properties now enjoy.
Our petition is prompted by the extraordinary conditions, restrictive size, and irregular
shape of our lot. We are located on a "curved" portion of Cove Drive. This is a public
Street cul-de-sac. Unfortunately, our lot dimensions were designed roughly 29 years ago.
Today, this lot may be considered for development use, sub-standard. Unlike neighboring
lots which are relatively rectangular in shape and enjoy wider dimensions for full use, the
subject property is a constrained "pie shape". In fact, the rear property line is but a mere
±33' and yet, this 33' is BEFORE subtracting side (i.e. 4') and rear yard (i.e. 30' by CC&R)
set backs. In order to develop our property to its highest and best use, we were forced
to push the structure as far forward toward the street as possible to simply assure
adequate living space wide enough to be functional and properly useful.
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:
Our request for a variance is reasonable and necessary to enjoy the same property rights
possessed by other properties in the same vicinity, zone and local. Such other properties
have the ability to use their sites to the fullest and thereby design modern and quality
floor plan by today's standards. Yet our site has been severely restricted and denied the
same rights and entitlements due to its erratic shape and size.
. .
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
The granting of this variance will not be of detriment or injurious to public welfare. In
fact, our request will be of positive nature as it imparts caring property ownership over
that of a renters status. Moreover, our request will not increase traffic, nor will it bear
any adverse visual restrictions or impact on vehicular street safety. Our request will not
increase or change population density, nor will it affect the property's intended and
present zone usage. Finally, our request is for NO MORE than that which is now
permitted to already over 83% of the contiguous properties in this immediate vicinity and
zonage which now front Cove Drive. Simply, of the 30 residential dwellings now on Cove
Drive, 25 of these 30 such Cove Drive properties have front yard setbacks LESS THAN
EQ', (see enclosed documents of supportation).
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 plan
of this neighborhood. As documented, Cove Drive is an established and mature
community, now almost completely built out. The subject property has gone through
extensive "Design Review" by the Homeowners Association bef ore approval and the subject
property has met all CC&R criteria. The design and site plottage including the existing
10'8" front yard setback has also received approval by the California Coastal Commission,
and the City of Carlsbad. In conclusion, our request is for approval of a 10'8" setback
instead of a 20' front yard setback as per "PD" code. This approval is needed to finalize
our condominium conversion. Our request is in NO WAY ADVERSE and the subject
residence is an existing structure. Therefore, the granting of this variance and requested
minor condominium conversion will essentially have absolutely NO further impact on the
community.
I .
* NEIGHBORHOOD FRONT YARD SET BACK COMPARATIVE *
AUGUST 14, 1995
SUBJECT PROPERTY: 4571 & 4575 COVE DRIVE, CARLSBAD, CA
Assessor
Parcel No. ADDRESS STREET SET BACK
207-150-04 4594 Cove 16 1 9"
207-150-05 4590 Cove 14 1 0"
207-150-06 4584 Cove 26'0"
207-150-07 4576 Cove 14 1 10"
207-150-08 4570 Cove 28 1 0"
207-150-09 4566 Cove 10 1 8"
207-150-10 4560 Cove 19 1 0"
207-150-11 4556 Cove 11 1 5"
207-150-12 4550 Cove 11 1 5"
207-150-13 VACANT Cove N/A
207-150-75 VACANT Cove N/A
207-150-14 4545 Cove 11 1 0"
207-150-15 VACANT Cove N/A
207-150-16 4549 Cove 22 1 5"
207-150-92 4553 Cove 12'8"
207-150-92 4553 Cove 10 1 8"
207-150-19 4555 Cove 10101
207-150-20 VACANT Cove N/A
207-150-21 4571 Cove 11'0" (Subj. Property)
207-150-21 4575 Cove 10'8" (Subj. Property)
207-150-90 4587-89 Cove 10'O"
207-150-90 4583-85 Cove 10 1 3"
207-150-91 4599 Cove 11'4"
207-150-89 4603 Cove 10 1 3"
207-150-88 4605 Cove 10 1 4"
207-150-74 4543 Cove 20 1 5"
207-150-73 VACANT Cove N/A
207-150-72 4539 Cove 10 1 0"
207-150-71 4537 Cove 10 1 0"
207-150-70 4535 Cove 10'5"
207-150-69 4533 Cove 10 1 8"
207-150-68 4531 Cove 8 1 7"
207-150-67 VACANT Cove N/A
207-150-66 VACANT Cove N/A
207-150-84 4525 Cove 11'4"
207-150-79 4519 Cove 8 1 10"
207-150-86 PUBLIC LOT N/A
207-150-87 4513 Cove 21 1 7"
CONCLUSION: Only 5 (i.e. 17%) properties of 30 (100%) have a
front yard set back at +20'. 83% of existing homes are less than
20' front yard set back.
COV_VAR1