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Home My WebLink AboutCDP 97-23; Mann Residence; Coastal Development Permit (CDP) (6)r. ** CITY OF CARLSBAD LAND USE REVIEW APPLICATION APPLICATIONS APPLIED FOR: (CHECK BOXES) 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 USE ONLY) 0 Planned Industrial Permit 0 Planning Commission ~ Determination Redevelopment Permit 0 Site Development Plan 0 Special Use Permit 0 Specific Plan 0- ' Precise Development Plan Obtain from Engineering Department 0 Tentative Tract Map Variance Zone Change 1-1 List other applications not (FOR DEPARTMENT ~- USE ONLY) V-Q-42 I I I I specified CITY AND STATE ZIP dAgLeeM7 CAI I CERTIFY THAT 1 AM THE LEGAL OWNER INFORMATION IS TRUE AND CORRECl VI SIGNATURE 7) BRIEF LEGAL DESCRIPTION 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. PAGE 1 OF 2 Form 16 .. 25 f ,r 9 +$ .- dC€A)9 5-71 STREET ADDRESS I SIDE OF (NAME OF STREET) ON THE (NORTH, SOUTH, EAST, WEST) . BETWEEN I4G-424 1 (NAME OF STREET1 (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 12) PROPOSED NUMBER OF rl RESIDENTIAL UNITS 1 1) NUMBER OF EXISTING rl RESIDENTIAL UNITS 15) PROPOSED COMM ml SQUARE FOOTAGE 14) PROPOSED IND OFFICE/ SQUARE FOOTAGE 13) TYPE OF SUBDIVISION - 18) PROPOSED SEWER USAGE IN EDU I 17) PROPOSED INCREASE IN 1 ADT 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 20) EXISTING GENERAL 21) PROPOSED GENERAL IAib 1 PLAN I @ I) k/ 1 PLAN DESIGNATION 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 MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED TOTAL FEE REQUIRED 71 RECEIVED FEB 0 4 2002 CITY OF CARLSBAD DATE MNMMG~~R’KEcEIvED DATE FEE PAID I I RECEIPT NO. I Form 16 I PAGE 2 OF 2 - / * + SUPPLEM€idTAL APPLICATION FURM FOR ALL / COASTAL DEVELOPMENT PERMITS + APPLICATION CHECKLIST FOR SINGLE FAMILY REGULAR AND MINOR COASTAL DEVELOPMENT PERMITS (Application checklist for Non-Single Family Regular Coastal Development Permits covered under separate handout) This supplemental application is to be filed for any development requiring a Coastal Development Permit issued by the City of Carlsbad. Please answer all questions. Where questions do not apply, please indicate “not a p p I i ca b le” or ” N/K. I. GENERAL BACKGROUND A. Do you wish to apply for: 1. A Minor Coastal Development Permit . X 2. Street address of proposed development A Regular Coastal Development Permit B. 2701 OCFAU -57- czARc+em. C. Assessor’s Parcel Number of proposed development Am 205-1404~~dU0 4 263-/&-&9 D. Development Description: E. Describe the .present land uses (i.e. Vacant land, apartments, offices, etc.) that surround the proposed North: %NGe FANZILCJ South: 5rHGU. F~rniLZll bhn?S East: VnCaQT -13 West: 6LWd F. Is project located within a 100 year flood plain? 0 Yes JRJ No Form 15 9/96 Page 1 of 6 --. JUSTIFICATION FOR VAFUANCE .-. . 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 1. Explain why there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and zone: 5- nTfa/a 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: F9- AsTTarw 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: rycrTA€fL&-&o 4. Explain why the granting of such variance will not adversely affect the comprehensive general plan: HTm' FRM0004 5/96 Page 5 of 5 JUSTIFICATION FOR VARIANCE No. CDP 97-23 MA" RESIDENCE ADDITION The following Justification for Variance is submitted pursuant to List of Items Needed, Planning: 3. Variance application as Section 21.82.050 limits any "...re- constructed, altered or enlarged residential structure..." to two stories. 9. Variance application'as per Carlsbad Municipal Code Section 21.44.130(2)(B) all double car garages shall have minimum di- mensions of twenty feet by twenty feet as measured from the interior wall edges of the garage. By law the Local Agency shall approve a Variance only if certain Findings of Fact are known to exist. These Findings of Fact just- ify the granting of Variance. A Variance is justified for the proposed Mann residence addition based upon: 1. There are exceptional and extraordinary circumstances and conditions applicable to the property that do not apply generally to other property and class of use in the same vicinity and zone. A five foot (5') in width beach access exists along the southerly edge of the Mann property. A twenty foot (20') view corridor exists along the southerly edge of the property. These encumbrances are exceptional and extraordinary, and do not apply generally to other property and class of use in the same vicinity and zone. Further, the Mann property is the transitional lot on Ocean Street for both easterly and westerly setbacks. Northerly of the Mann property, the easterly (Ocean Street) setbacks approximate twenty feet (20'1, while southerly, garages are set at the edge of right-of-way. Westerly (rear yard) setbacks are approximately twenty feet (20') greater for the Mann property and lots northerly thereof, than for lots to the south. No other property in this zone and vicinity posseses such extraordinary circumstances or conditions, thus necessitating the granting of the requested Variance. 2. 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. The right to quiet enjoyment is a right of long standing in residential zones. The applicant is entitled to quiet enjoyment of his property. Such quiet enjoyment is not possible due to the existing beach access and required View Corridor. The requested floor plan re- visions to ensure such quiet enjoyment (privacy) necessitate maintaining the existing roofline, contrary to Sec. 21.82.050, which, while being two stories on the east (Ocean Street) side, is three stories on the west side. The grant- ing of such Variance will not extend a special privilege to -1- CDP 97-23 Mann Variance Page Two of Two the applicant, since the majority of homes in this block currently enjoy the three story height limit on the west side. Given the current setback requirements in the applicable zone, the 'applicant cannot both comply with the setbacks and comply with the twenty foot (20') interior dimensions for a double car garage. A reduction in interior demension from twenty feet (20') to nineteen feet is inconsequential, and is certainly in the best interests of the City to re- quire adequate covered offstreet parking for single family dwellings. mental to the public welfare or injurious to the property or improvements in this vicinity and zone. In fact, the grant- ing of this variance will prove beneficial to both public welfare and property and improvements in the vicinity. The applicant will construct the proposed View Corridor (see attached Elevation for particulars), a substantial public benefit. The building setback to the south of the Mann residence will greatly exceed other setbacks in the same zone and vicinity as well as that which the Zoning Ordinance requires. The height will not exceed that of adjacent or nearby residences. The building bulk will be harmonious with adjacent and nearby residences, and less than some. 3. The granting of such variance will not be materially detri- 4. The granting of this Variance will not adversely affect the comprehensive general plan. The City of Carlsbad General Plan is long range and comprehensive. As such, it is not site specific. The applicant proposes no change in either use or density of the property. The site has been, and will remain, consistent with the General Plan, and all its elements. CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008 fil/ I'IT'L- 434-2867 ACCOUNT NO. p +- 7.P/i, 1-t 1 I DESCRIPTION AMOUNT SC(U ; &7 fitd 5-i 3 Trcli I1Ch'L.l 1L-P 3lCI-t - 7-71) 1 C'rO Ctn s-t. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I U I r PROJECT NAME: WILLtAm c. WA-bJN. DATE: 5 &a q7 # PROJECT DESCRIPTION: PO \ U5T ME.2a-r p-7. PROJECT ADDRESS: 2701 0C-N ST. LOT NO(S).: %B 4 29 MAP NO.: 1- I APN(S).: 203 i4-a % $31 I 11 I certifv that I am tKe lead. owner and that all the above information CIVIL ENGINEER: T. Allan Cnnn~r Firm: Cooper Engineering Assoc thi best of my knowledge. Date ,e// Phone Number: I 61 9 1' 277-0441 State Registration Number: CA 16685 LANDSCAPE ARCHITECT: Firm: Mailing Address: II Phone Number: L 1 State Registration Number: SOILS ENGINEER: Firm: * Mailing Address: Phone Number: I ) State Registration Number: ADDITIONAL COMMENTS: 11 NO. OF DWELLING UNITS: LFMPZONE: . NO. OF LOTS: NO. OF ACRES: IMPROVEMENT VALUATION: sewer, water & reclaimed water: Water District (circle one): 0 iivenhain Vallecitos streets and drainage: landscape: CY fill 0 G RAD1 NG QUANTlTl ES : 0 CY cut c, CY 'I remedial 14 cy importlexport 0 CY PLEASE CHECK OFF APPLICATION TYPES ON REVERSE SIDE REV 04/28/95 ........ e !< ... ....... ..... -. -. . '_.. __. . ._ ... .. . 1.. , @. .- ___.. ......... - - ......... 4 a I I @ &=L-PaGE - 203-14- - ' 203-23 - 4i----J , CARLSBAD I f- (0 MAP 1221 .- HAYES LAND CO. AM 1 91