HomeMy WebLinkAboutCDP 97-23; Mann Residence; Coastal Development Permit (CDP) (6)r.
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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
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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
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MAP 1221 .- HAYES LAND CO. AM
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