Loading...
HomeMy WebLinkAboutAV 98-03; Hartsock Condo Conversion; Administrative Variance (AV) (4)TAX ATTORNEY -: September 28,1998 Greg Fisher, Staff Planner City of Carlsbad-Planning Department 2075 La Palmas Drive Carlsbad, CA 92009-1 576 Re: AV 98-03 Hartsock Condominium Conversion Dear Mr. Fisher: I have received the Planning Departments’s September 22, 1998 letter stating that my Condominium Permit Application 98-04 and Administrative Variance AV 98-03 application is complete for processing. This letter is intended to respond to the issues of concern from the Planning Department and request a meeting to discuss all matters relating to this project. The September 22, 1998 letter addresses the following issues of concern from the Planning Department: “ISSUES OF CONCERN Planning: 1. Pursuant to subsection 21.45.090 (d)(l) and (2) of the Planned Development Ordinance, (1) one onsite guest parking space must be provided for this proposed condominium duplex.” Visitor Parking. (1) Visitor parking shall be provided as follows: Amount of Visitor No. of units Parking 10 dwelling units or less 1 space for each 2 dwelling units or fraction thereof Greater than 10 dwelling units 5 spaces for the 10 units, plus 1 space (619) 535-4844 Fax 535-4890 4660 La Jolla Village Drive, Suite 500 San Diego, California 92122 . c September 28, 1998 Greg Fisher Page 2 for each 4 dwelling units above 10 or fraction thereof.” As you can see from the ordinance, the one guest parking space that is required, is not necessarily required to be located onsite. In fact another section of the ordinance specifically allows visitor parking to be located on the street. Planned Development Ordinance Section 21.45.090 (d)(3) provides as follows: “(3 j Credit for visitor parking may be given for frontage on adjacent local streets for detached single-family or duplex projects subject to the approval of the planning commission; not less than twenty-four lineal feet per space exclusive of driveway entrances and driveway aprons shall be provided for each parking space, except where parallel parking spaces are located immediately adjacent to driveway aprons, then twenty lineal feet may be provided. Streets used for on-street visitor parking must meet or exceed the city’s minimum width requirements.” As you can see, the Planned Development Ordinance allows visitor parking to be located on the adjacent local streets subject to approval of the Planning Commission. On September 14, 1998, I submitted a request for a Planning Commission Determination PCD 98-2 requesting that they allow a single guest parking space to be located on the adjacent street. I am expecting that this Planning Commission Determination will be allowed since the parking space is located in an isolated area next to a steep bluff that will never have a parking problem. The analysis in the September 22,1998 letter from the Planning Department states that the Administrative Variance cannot be supported because tandem parking behind garages are only allowed in the event a 20-foot setback exists. Your letter states as follows: “ Existing daplex lots may provide the guest oarkin3 space as tandem parking space in front of the garage provided that the garage is setback a minimum of twenty feet from the front property line. Because the existing garage is not set back the required minimum 20’ from the property line, the required guest parking space can not be permitted as a tandem parking space. In that this project does not meet the guest parking standards of the Planned Development Ordinance, the requested Administrative Variance cannot be supported.” The September 22, 1998 letter states that the Planning Department can not support the Administrative Variance because a tandem guest parking space is not permitted within the 20-foot setback in front of the garage. However, I am not requesting tandem parking, nor I am requesting the guest parking space to be placed in the 20-foot setback, nor am I requesting the parking space be placed in front of the garage. I am only requesting a variance of the 20-foot setback. The parking issue is wholly unrelated to the Administrative Variance request since the guest parking is the subject of Planning Commission Determination 98-2. September 28, 1998 Greg Fisher Page 3 Administrative Variance 98-03 should be supported since I am only asking for a variance of the 20-foot setback, and I am not requesting tandem parking, nor parking in front of the garage, nor parking within the 20-foot setback. The issue of guest parking is to be resolved with the Planning Commission Determination, and is not at issue in the request for an Administrative Variance of the 20-foot setback. I believe the denial and opposition to this project results from Van Lynch reviewing my neighbors’s project located at 4681 Park Drive which requests tandem guest parking on the side of the house. My application is significantly different in that I do not request tandem parking nor parking in front of tne garage nor parking in the 20’ setback. A closer review of my application will reveal that I am requesting a Planning Commission Determination to place the one required guest parking space on the street, and an Administrative Variance that merely requests a variance of the 20-foot setback requirement. It would be greatly appreciated if you would treat my application separate and distinct from Tom Worth’s application located at 4681 Park Drive as they are totally different applications that require completely different analysis of the Planned Development Ordinance. I hereby formally request a meeting with Michael J. Holzmiller, Planning Director, Gary Wayne, Assistant Planning Director, Chris DeCerbo, Variance Supervisor, and Greg Fisher, Staff Planner to discuss this Administrative Variance AV 98-03, and any other issues related to this project. After reviewing the entire project, the Administrative Variance, the Planning Commission Determination and the Planned Development Ordinance, I am confident that the Administrative Variance from the 20’ setback will be tentatively approved by the Planning Department, subject to the Planning Commission’s approval of one on-street guest parking space. It would be appreciated if this meeting would be held prior to your determination on the Administrative Variance. I look forward to hearing from you in the near future. Very truly yours, Wa/!-d William D. Ha sock Attorney at Law c: Michael J. Holzmiller, Planning Director Gary Wayne, Assistant Planning Director Chris DeCerbo, Variance Supervisor