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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 General Plan Amendment Hillside Development Permit Local Coastal Plan Amendment Master Plan Non-Residential Planned Development Planned Development Permit (FOR DEPARTMENT I Planned Industrial Permit Planning Commission Determination Precise Development Plan Redevelopment Permit Site Development Plan Special Use Permit 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:- - .. .. 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.