HomeMy WebLinkAboutAV 96-07; Eaton Residence; Administrative Variance (AV) (14)h -.
CITY OF CARLSBAD
LAND USE REVIEW APPLICATION
APPLICATIONS APPLIED FOR: (CHECK BOXES)
(FOR DEPARTMENT
Administrative Permit - 2nd
Dwelling Unit
Administrative Variance
Coastal Development Permit
Conditional Use Permit
Condominium Permit
Environmental Impact
Assessment
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Development
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(FOR DEPARTMENT I
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Determination
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Specific Plan
Obtain from Engineering Department
Tentative Tract Map
Variance
Zone Change
List other applications not ..
I specified
2) ASSESSOR PARCEL NOW.: Z/0-620- I=
3) PROJECT NAME: ~ATwl E%, V&PilWc€
4) BRIEF DESCRIPTION OF PROJECT: *- ykm 5grMcg I/erqrJ
6) APPLICANT NAME (Print or Type) 1 WlLr
ND THAT ALL THE ABOVE
TO THE BEST OF MY
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M.
A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:OO P.M.
Form 16 PAGE 1 OF 2
* 8) LOCATION OF PROJECT:
STREET ADDRESS
ON THE I Wesr
BETWEEN 7 AND 11
SIDE OF Iacge&$ Da om C7SCT 1
(NORTH, SOUTH, EAST, WEST) (NAME OF STREET)
(NAME OF STREET) (NAME OF STREET)
9) LOCAL FACILITIES MANAGEMENT ZONE I
IO) PROPOSED NUMBER OF LOTS
RESIDENTIAL UNITS
1 1) NUMBER OF EXISTING
RESIDENTIAL UNITS
12) PROPOSED NUMBER OF
13) TYPE OF SUBDIVISION
SQUARE FOOTAGE
14) PROPOSED IND OFFICE/
SQUARE FOOTAGE
15) PROPOSED COMM
16) PERCENTAGE OF PROPOSED m] ADT PROJECT IN OPEN SPACE 18) FAESIFEEbWER
17) PROPOSED INCREASE IN
19) GROSS SITE ACREAGE
PLAN
20) EXISTING GENERAL
PLAN DESIGNATION
21) PROPOSED GENERAL
22) EXISTING ZONING 23) PROPOSED ZONING
24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY
STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMEBERS OR CITY COUNCIL MEMBERS
THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT
SENATURE
FOR CITY USE ONLY
FEE COMPUTATION
APPLICATION TYPE FEE REQUIRED Av x-07 zso. oi>
I I " I
TOTAL FEE REQUIRED I 750.oa I
DATE FEE PAID
Form 16
I DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
I 12- 20- PC RECEIPT NO. I 36ra3
PAGE 2 OF 2
DISCLOSURE STATEMENT
Applicant's statement or disclosure of certain ownership interests on all
applications which will require discretionary action on the part of the City
I Council or any appointed Board, Commission or Committee. "- .
.- The following information must be disclosed:
1. APPLICANT
List the names and addresses of all persons having a financial interest in the
application. R-CW~JUS M,\L.& Am *.
Homer &. Nina Eaton 2, t70 n
5025 Tierra Del Oro St.
Carlsbad, Ca. 92008 PA 2:-
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..
I I
List the names and addresses of all persons having an ownership interest in the
property involved.
Homer & Nina Eaton ..
5025 Tierra Del Oro
Carlsbad, Ca. 92008 Il
: .! , .: ': " 1 .,
2.
.- .. . , I.
. ..
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.
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.
L. 4.
*7 h -
5. Have YOU had mor6 tan $250 worth of business trans6 ;d with any member of
City staff, Boards, Commissions, Committees and/or Council within the past twelve
(1 2) months?
.-
I .. Yes No If yes, please indicate personb):
Person is defined as 'Any individual, firm, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, 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." -. * .. ..., ,. ..*, .. . ... . ._I
itional sheets if necessary.
.
.,
Print or type name of owner Print or type name .,of applicant Print or type name of owner
/o'd*&J
Print or type name ..of applicant
" ..
Disclosure Statement 10196 Page 2 of 2
-_
U PROJECT DESCRIPTION/EXPlANATlON
PROJECT NAME:
APPLICANT NAME:
EATON RESIDENCE FRONT YARD SETBACK VARIANCE
HOMER & NINA EATON
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:
*.
,'
We would like to remodel and add a second story to our residence located at 5w'plerra Del OK)
, .. Street. It has come to our attention that the front property line of our home is 10 feet from the front of our
garage. The required front yard setback in our zone is 20 feet. The Terramar subdivision where our
property is located was built in 1954, two years before the municipal code requiring a 20 foot front yard
setback was &tablished. This encroachment into the setback puts our property into'a nonconforming
*. ._ -
'. .!! , h ..
.. .
.. , .. ... . .. stat&. We'wobld ike to be permitted to maintain our current setbacks and develop our property to a $&e .-
, 1. similar to our neighbors. We feel that the non-conformlng status placed on our residence deprives us of
the right to develop our property to the standards that neighboring properties enjoy.
We realize that other properties on the west side of Tierra Del Or0 Street and Shore Drlve with
the same non-conforming setback status as ours have been granted an Administrative Variance to
allow the 10 foot front and 5 foot side yard setback when proving no detriment to the neighborhood or
-. . -3 <,,. *. .-.. , . ..
We hereby request that a reduced front and side yard setback variance be granted for our - .. property. - .
CITY OF CARLSBAD
1200 CARLSBAD ,LAGE DRIVE CARLSBAD, C. JFORNIA 92008
434-2867
REC'D FROM I DATE /a- ao F'
ACCOUNT NO. DESCRIPTION 1 AMOUNT
RECEIPT NO. 351$$
@ Printed on recycled paper.
NOT VALID UNLESS VALIDATED BY
CASH REGISTER TOTAL [ 00
Eaton Residence: 12/96 Application for Administrative Variance 3/11 /97
We have applied for an Administrative Variance to allow us the right to
make improvements or to build on this property using the EXISTING side
and front yard setbacks.
We have received the variance allowing the EXISTING 5’ side yard set back.
But we have be asked to maintain a 20’ front yard set back, when we have an
EXISTING 10’ set back. We would like to be granted at least the 10’ set back for
the following reasons:
I. As precedence, and per an Administrative Variance granted to ”Weldon
Residence” on Oct. 7,1992. This is a like property 4 lots north of our property,
The variance granted 5’ side yard setbacks to this undeveloped property.
Further, ”modification of the front yard setback (was) allowed without an
Administrative Variance under Section 21.46.070 of the Municipal Code.
Under this section a reduced front yard may allowed by use of a stringline
when projects on either side of the subject property have reduced front yards
and the property is unimproved. (ours is improved-but the stringline should
prove applicable) This section of the code requires that a minimum front yard
setback of 8 feet be maintained”.
2. As precedence, an Administrative Variance was granted to the immediate & neighbor on Nov. 27,1958; allowing 5’ side yard and 10’ front yard setbacks.
FURTHER We see no reason for denying us this right since:
1. The exceptional and extraordinary circumstances applicable to the property
apply only to particular properties within the vicinity or zone. The existing
structure was constructed in it‘s existing, encroaching location over 40 years
ago, with benefit of a valid building permit. The history of the neighborhood
shows that it was built before the existence of a municipal code. It would
seem that grand fathering would be the accepted method of dealing with
applying homes that were built to a building code previous to new code
restrictions.
2. We should not be denied the enjoyment of the same substantial property
right possessed by the other property in the same vicinity and zone. We see
no evidence in the previous building and remodeling in this vicinity that any
other property owner in this vicinity has had to comply to a 20 ’ front yard
setback if the 10’ setback existed previously. We would expect that our appeal
would not be handled with any prejudice.
3. Because all encroachments are existing, the variance will not be
detrimental to public welfare or injurious to the property or improvements
in the vicinity or zone.
4. The granting of the variance will not adversely effect the comprehensive
General Plan in that use will remain single family, RLM-Residential Low
Med. Density, with no circulation impacts.
We are asking for a change in the description to Legal Non-Conforming.
We purchased this home over 5 years ago. Neither the Title Report nor
Disclosure Statement showed any non-compliance, and to my knowledge, it
is nowhere a matter of record. Non-Conformance negatively impacts the
property value and should be removed.
We are applying for the variance without a specific development plan
because the variance we are requesting would permit us to build to the
existing 10’ front yard set back and the existing 5’ side yard setback and the
existing ocean front string line either now or in the future. We deserve to be
granted this right, and that right should be passable to anyone who would
purchase this property if we were ever to sell the property. Any and all plans
that we submit to the city would be within our existing footprint, observing the height limitations and other restrictions consistent with current
municipal code.
Even if we make no alterations to the property at this time, in order to
RETAIN OUR PROPERTY VALUE and TO RETAIN OUR PROPERTY
RIGHTS, consistent with the property rights of all other property owners in
this vicinity, I believe we deserve to be given the Administrative Variance
for which we are applying.