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HomeMy WebLinkAboutV 01-03; Tamarack Manor Variance; Variance (V)Administrative Permit - 2nd Dwelling Unit Administrative Variance 5) OWNER NAME (Print or Type) Jeffrey and Anastasia Schmoll MAILING ADDRESS Coastal Development Permit 6) APPLICANT NAME (Print or Type) Sa mm MAILING ADDRESS Conditional Use Permit 3890 Margaret Way CITY AND STATE ZIP TELEPHONE Condominium Permit I CITY Environmental Impact Assessment . General Plan Amendment Hillside Development Permit Local Coastal Plan Amendment Master Plan Non-Residential Planned Development Planned Development Permit FOR DEPARTMENT Planned Industrial Permit 10 0 0 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 specified IFOR DEPARTMENT USE ONLY] - 2) ASSESSOR PARCEL NO(S).: 205-430 - 37 3) PROJECT NAME: Tamarack Manor VaCqakat 4) BRIEF DESCRIPTION OF PROJECT: Variance for -1 P a0-e TELEPHONE 1 I AND STATE ZIP I 7) BRIEF LEGAL DESCRIPTION - Lot 1 of Tamarack Manor 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 SUBMllTED PRIOR TO 4:OO P.M, Form 16 PAGE 1 OF 2 LOCATION OF PROJECT: CITY OF CARLSBAD DATE STmIWW WED STREET ADDRESS I 1 I - . )East SIDEOF [ Marsaret Way ON THE 1 (NORTH, SOUTH, EAST, WEST] (NAME OF STREET) - -- BETWEEN 71 AND (NAME OF STREET) (NAME OF STREET) LOCAL FACILITIES MANAGEMENT ZONE 1 1 12) PROPOSED NUMBER OF rl RESIDENTIAL UNITS PROPOSED NUMBER OF LOTS /N/A/ 11) NUMBER OF EXISTING RESIDENTIAL UNITS 14) PROPOSED IND OFflCEl 15) PROPOSED COMM SQUARE FOOTAGE SQUARE FOOTAGE TYPE OF SUBOlVlSlON 18) PROPOSED SEWER jo$j USAGE IN EDU PERCENTAGE OF PROPOSED JN/R/ 17) PROPOSED INCREASE IN PROJECT IN OPEN SPACE ADT GROSS SITE ACREAGE EXISTING ZONING 21) PROPOSED GENERAL I I RIM 1 PLAN DESIGNATION 20) EXISTING GENERAL INln 1 PLAN 23) PROPOSED ZONING U jR1 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 TbHrJi IS THE SUBJECT OF THIS APPLICATION. %WE CONSENT FOR CITY USE ONLY FEE COMPUTATION I 1 TOTAL FEE REQUIRED I RECE iVED JUL 19 2001 DATE FEE PAID Form 16 RECEIPT NO. PAGE 2 OF 2 4 + City of Carlsbad 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 Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as “Any individual, fm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in 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.” Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant’s agent) Provide the COMPLETE, LEGAL names and addresses of persons having a financial interest in the application. If the applicant includes a comoration or nartnershiu, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO APPLICABLE (N/A) IN THE SPACE BELOW If a publiclv-owned coruoration, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Jeffrey Schmoll CorpRart Anastasia Schmoll Title Owner ~d&esz89O Margaret Way Address 3890 Margaret Way OWNER (Not the owner’s agent) Provide the COMPLETE, LEGAL names and addresses of persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (Le, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a coruoration or uartnershiu, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (”/A) IN THE SPACE BELOW. If a publiclv- owned cornoration, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- Title Owner Carlsbad, CA 92008 Carlsbad, CA 92008 2. Person Same as above CorpRart Same as above Title Title Address Address 1635 Faraday Avenue 0 Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 @ 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonnrofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non ProfitITrust N/A Non ProfitITrust N /A Title Title Address Address 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees andor Council within the past twelve (12) months? Yes No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Anastasia Schmoll and Jeffrey Schmoll & Anastasia Schmoll Jeffrey Schmoll Print or type name of owner Print or type name of applicant Signature of owner/applicant’s agent if applicable/date Print or type name of ownerlapplicant’s agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 PROJECTNAME: APPLICANT NAME: JEFFREY AND AN- Please describe fully the proposed project by application type. 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. Background Infomation /History: Dated back to 1964 there is a record of an existing structure with the San Diego County Tax assessors Office as an enclosed patio which is only 3 years after the original house was built in 1961. The original owner sold it to a Realtor 0. J. Creel who bought it as an investment and rental property. The front and rear house where rented out for the duration of his ownership until we purchased it through Bankruptcy Court in December of 1994. It was listed as a Cbedroom home with a Granny flat and RV parking (See Exhibit A). The house was rat infested and the Granny Flat was termite infested. Vector control assisted us several times in an effort to rid the property of rats. We hauled out nearly 3 tons of trash fiom the back yard, house, garage and attic. We believe the home was a crack house due to the paraphernalia and set up that was found in the attic. The tenants did not allow anyone inside the house for a home inspection prior to their order to vacate. The ceilings where heavily coated with a tar like substance and had to be scraped. The exterior of the house was pink, baby blue and light apple green. The granny flat was in total disrepair with inoperable appliances, a dilapidated roof and a bedroom that had a boarded up barn door instead of a window. It took 3 months of cleaning, hauling, and repairing what we could prior to moving in, in February right after our son Nickolas was born. while working, a scaffolding gave way and he fell nearly 40 ft and almost died. He was in critical condition for a long time. He was able to pull through but has become permanently disabled as a result of the trauma and has lived with us since. Our son gave up his bedroom and moved in with our daughter Nastacia to make room for him in our home. We are submitting a request for a variance at 3890 Margaret Way, Carlsbad, CA 92008. In December of 1996 my father in law had a 4 artery by pass. The following December Project Description/ Explanation: began our decision making process by going to the building department in Carlsbad to see what was involved in rebuilding the Granny Flat and to get a permit for the work that needed to be done. The City Employee advised us that we would not be able to obtain permits for the Granny Flat because of the setbacks. We asked what our options where and where advised that we could make the improvements to the flat but by doing so, our property would remain “nomnfming” which would limit our ability to add on up to a maximum of 60% of the original square f6otage. We were advised and had deducted from the idormation given us that the building was Grand fathered in since it has been there for over 3 0 years and considered “noncodorminf. Our house was 13 5 1 square feet, which would allow us to add on up to 810 square feet in the fhre ifthat, is what we choose to do. Our other option was to tear it down completely and add on to the main dwelling which meant displacing the entire family while the work was being done and having to demolition an already existing structure and remove its cement foundation, electrical wiring and plumbing. Our lot is the smallest comer lot in the immediate area and we loose additional square footage due to the side yard easement because we are a comer lot. The City employee gave us information and papawork to review (See Exhibit E) with a schedule of fees depending on what we planned on doing. There are We decided that we needed to fk up the Granny Flat, add on, or move to a larger home. We 1 Project Description 10/96 many homes immediately around us that have structures such as Granny Flats, Studios and garages that are not within setbacks but appear to be grand fathered in due to the length of time of their existence, aerial photography or just common knowledge due to the nature of the community. We live in a nice neighborhood and have strived to make the rear structure match the main house in design and architecture. Due to Victors Disability we’ve made several improvements that would coincide with certain Americans with Disabilities Act regulations such as a ramp in case Victor needs his walker in addition to an oversized shower for convenience. The main house has custom imported ceramic tile and exclusive sculpture relief art by Liza in the walls, as does the Granny flat. The French door, windows, stucco and trim all match so that there is aesthetic continuity and there are plans to reroof the main house to match the custom roof of the Granny flat. There is a desperate need for low income housing in Carlsbad. He would be homeless on his SSI Disability income if he were to try to rent a place close enough to us where we could still take care of him. He suffers from sever depression and memory loss. We could list him with the Carlsbad City Housing Authority for Emergency Assistance and the government would pay some landlord nearly $800.00 for rental assistance then San Diego County and Carlsbad would be burdened with one more person in the social services system on food stamps, rental assistance and any other assistance that they qualify far just to try to survive. There is a housing crisis in this area. Enchitas is aware of it and recognizes it therefore making allowances in situations such as this. We are a Law Enforcement family that has taken a run down home and rehabilitated it. We have run off the people of questionable character that rented this property and that came around for some time afier we had already purchased it. We have no intentions of renting the Granny flat out to anybody. We have an extended family and believe in taking care of our own instead of dumping them onto the burden of society and the social service system to take care of. Being with us gives Victor some sense of independence, self worth and pride. We have spent countless hours working on creating a Habitat for Wildlife in our yard incorporating many Native trees and plants such as the Torrey Pine and California Oak. It is slated to be registered as a Backyard Wildlife Habitat with the National Wildlife Federation.(see Exhibit B-1). Many of our long time neighbors and residents are very please with the updates that have been made (See Eahibits I?) especially Rev. McCall, the neighbor most affected by the Granny Flat. Our residence here shows a pride of ownership. We urge the Planning Department and the City Counsel to grant a variance for this structure that has been around since the mid 1960’s. For over 35 years there were no problems with it. We even advised the building department that it was there and that we wanted to get permits to make the improvements. We have since updated the structure to improve the quality of life and Mer our neighborhood. We have tailored the upgrades to accommodate a Disabled person therefore beiig in line with several ADA requirements. The meal preparation area was specially designed for easy access. The walls and ceilings heavily insulated to provide a consistent temperature and a sound barrier. An operable ceiling light for fresh air ventilation and circulation, a wheel chair ramp, enlarged custom shower enclosure. Mer trusting in the system and doing what we thought was right, we are now being prosecuted like criminals. The time to intervene would have been 4 years ago or better yet 35 years ago when the Flat was first buitt. The traumatic emotional financial, environmental and the negative economic impact to local residents would not support an order to destruct and tear down a structure that brings forth so many positive aspects. Is the City prepared to be responsible for another homeless disabled person due to the lack of viable low-income housing? We urge the review board to view the ramifcations of the detrimental state of affairs that any decision other than granting a variance will have upon Victor, our children and ourselves.. Please allow the structure to remain as it is and where it stands. Any other action would be inhumane and a hardship to the State of Califmia, the County of San Diego and the City of Carlsbad in addition to the local citizens, Victor and the trauma that it will inflict upon our children. Thank you for your attention and had we known 4 years ago when we stood at the counter at Carlsbad’s Building Department all that is being told to us now this letter would not be written and this paper work not filled. 2 Project Description 10/96 / i i Justification for Variance I. 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: We purchased this property in 1994. Upon move in it was clear that the prior occupants (renters) had engaged in narcotics use and manufacturing based on the neighbor’s statements, drug paraphernalia, burns and residue left behind. This property when purchased had a hlly enclosed and existing granny flat with a full kitchen and bath as noted in Exhibits A and F. The prior owner, Mr. OJ Cree& was a realtor and purchased the property for rental use. The property was listed for sale in 1994 and, as in Exhiiit A, stated that it had a granny ht. The granny flat was our key deciding factor in our purchase ofthe property as otherwise it was in total disrepair and afKliated with narcotics use and trafficking. (Derelict-looking individuals pounded on our door at all hours of day and night for several months after move-in.) The drastic improvement in the physical property and the beneficial effect of replacing narcotics abusers with a law enforcement My is an exceptional circumstance that does not apply to the general neighborhood. Our corner lot is more restricted in regards to the setbacks than other interior lots and our lot is the smallest corner lot in comparison to the surrounding properties. The space available to build is 7 x 50 and a habitable structure is required to be at least 20ft wide. This would make it very dficult to comply with setback regulations especially since the foundation, plumbing, electric and building layout are already established. This is another exceptional/ extraordinary circumstance that justifies a variance. See Exhibit C. The improvements in the granny flat were made to provide a living space for our 60-year old fatherh-law, Mr. Victor Nesterenko, who is 100% disabled. He is on SSI Disability and needs full-time family attention. The granny flat provides a living space that is tailored to meet his disabled condition since he sometimes utilizes a walker. My father also suffers from memory loss and needs to be cared for on-site. There is no availabjJity for low income disabled housing in this area immediate area and there is a very long waiting list at the Carlsbad Housing and Urban Development Department (approximafely 2 yrs). This constitutes an extraordinary circumstance regarding the intended use of the property that justifies a variance. The ADA (Americans with Disabilities Act) requires businesses and local governments to make reasonable accommodations in their normal practices to assist people with disabilities. By granting this variance, the City of Carlsbad would be supporting and complying with Federal Law as mandated in ADA. Additionally, the granny flat was originally built in 1964, as shown by Exhibit F. It has been an inhabited structure since then. If there was any type of enforcement or valid complaint it has taken over 36 years to come to the attention of the authorities. This lengthy period of use, without problem or complaint, is an extraordinary circumstance that supports the granting of a variance. Justification for Variance Page 2 Four years ago, we visited the Carlsbad City building department and advised them of our situation. We sought help, guidance, and assistance to obtain permits ia order to make the necessary repairs and were advised that our granny flat was not within setbacks and therefore we couldn't obtain a permit, but we could make the necessary repairs to the existing dwelling and become a non conforming property, which would limit us to being able to add on only 60% of our existing square footage in the future. We were not advised nor warned that ifa complaint were to be filed while we were makim the repairs we would be asked to tear the structure down. Exhibit E pages 1- 5. Our good faith efforts at clmg the situation and the information provided to us at the time constitute an extraordinary circumstance that should be weighed in favor of granting the variance. 2. Explain why such a variunce is necessm for the preservation and enjoyment of a substantial property possessed by other property in the same vicinity and zone but which is denied to property in question: There are numerous second dwellings throughout Carlsbad, many of which do not have aesthetic appeal or pefmits, yet they e&. Likewise, variances are granted for a variety of reasons, few as imoortant, as maintaining a viable living space for a disabled familly member. At the time of rehab we also had Valia, a family fiend who has since died from cancer, living with us. Two exits down there are numerous new homes, which offer the opportunity to live as an kxtended My. Time was of the essence for us due to the + failing health of Victor and the rapid deterioration of Valia. Family and fiiends pulled together to finish the project as quickly as possible. The children are alsa at an age were they should not be sharing a room and third move within 2 years would not be in their best interest. We would like to have the right to care for Victor and live as an extended family and not be denied the same rights that have been af€orded to so many around us. In the bordering City of Encinitas the rents are comparable to those in Carlsbad. Their city and building department has established provisions that allow for the granting of variances due to lack of adequate low-income housing. The City of Carlsbad doesn't yet have that allowance but I am requesting simila~ consideration. With Victor being an SSI recipient, his income would render him homeless in this community since there is literally no low4ncome housing available. We could register him with Carlsbad City havshg department and he could be placed on the emergency housing list. The government would then subsidize approx $800 towards his monthly rent. He would also need assistance through the social services system requiring food stamps, fbrther medical assistance, and personal care, therefore creating a burden and liability upon the City of Carlsbad and the Social Services system. We are simply asking to provide him Urith a place to reside under the care of his My. ’- Justification for Variance Page 3 3. Explain why the granting of such a 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: The granting of this variance would be detrimental because the structure has been in existence since 1964. There is a 4ft drop in elevation between the rear bordering property and the grmy flat. Furthermore, the neighboring property that is mostly affected by the structure has an established driveway that borders and extends the entire length of our rear property line. There is zero probability of another structure being built anywhere within 12 ft of the second dwelling due to the driveway and the layout of their property and per Rev. McCall’s statement, they are pleased with the building arid wish for it to remain (see Exhibit F, letter from St. Patrick’s Church.) There have been no changes in ocean views, drainage, lighting, noise level or other negative environmental factors. The aesthetic improvements have added to the value of the neighboring houses and community as a whole (see Exhibit F.) The removal and replacement of termite-infested woodwork, dilapidated roof and shabby exterior can only be seen as beneficial for the entire community. There would be no additional vehicular or pedestrian tr&c since the granny flat will be utilized for our extended family only, as sleeping and living quarters. In keeping with the same architecture and interior of the main dwelling we have remodeled and upgraded the existing second dwelling to reflect the custom tile, exclusive sculpture relief art, matching stucco, windows, doors, eaves and a new roof which the main dwelling is slated to match. Therefore the value of the surrounding properties has been increased as a second dwelling prior to these improvements was deteriorated, lacked aesthetic appeal and was in dire need of all these visual and structural improtiements. We understand that unlike Del Mar, Carlsbad’s city codes do not have a provision for aesthetic appeal but I believe that it’s the difference between a “redevelopmental” vs. a %on-redevelopmental” neighborhood. We are to this neighborhood what the Officer Next Door program is to HUD. The people of questionable character stopped coming around and there appeared to be a heightened sense of safety. Less then a mile away there is a redevelopmental neighborhood and the standards for making improvements there are much more lenient because of that status. We would like to be afforded that same leniency due to the extensive rehabilitation of this property and the proximity to that location. As previously xpentioned, the public wefie benefits from providing a loving, caring, living space, for a disabled family member within the warm embrace of the extended f8mily. Justification for Variance Page 4 Since we have exhausted our finances with the granny flat improvement and in caring for my disabled father, we would not be able to accommodate a satisfactory demolition, re- permitting and re-building of the granny flat. This would mean that the surrounding properties would be subject, once again, to having an eyesore in their community and suffer the decrease of their property values. This would mostly affect Rev. McCall since the Granny Flat is 17” &om his property line. He has no problem with it and is willing to assist in any way possible since St. Patrick’s Church owns the rear bordering property. The community would be further burdened with providing housing and care for Victor and the Social Services System would be financially taxed. We have strived to achieve visual consistency and aesthetic appeal, so that our property would become an asset to the community. We have worked hard to be good neighbors and to take care of our own. We feel strongly that we have been a positive factor in the community and, if given a chance, will continue to be so. The current situation is a far cry fiom the dilapidated drug house, rat and termite-infested granny flat that existed a few years ago. This was an extraordinary circumstance considering the neighborhood. Taking the history af the property into consideration, as well the compelling human need of Victor, our disabled fathedin law, we pray you give fbll consideration for our much- needed variance so that we can preserve the beauty of what has been created and enjoy living as an extended family just as many other local residents are able to do. Sincerely, The Schmoll Family: San Diego Sherif€Deputy, Jeff Schmoll- Ca.Dept.of Parks and RecrRtion Dispatcher, Anastasia Schmoll A Nastacia Schmoll (age 9) Nicholas Schmoll (age 6) /\I Grandpa, Victor Nesterenko Attachnts Exhibits A-G .. PS: We were informed that we did not have to address Question ## 4. (Explain why the granting of such a variance will not adversely affect the comprehensive general plan) 4 A City of Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT Consultation Of Lists of Sites Related To Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Wastes and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): The development project and any alternatives proposed in this application are not contained on the lists cornpiled pursuant to Section 65962.5 of the State Government Code. 0 The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER NameiJeffrey and Anastasia Schmoll N~~~, Same as Applicant Address: 3890 Margaret Way Address: Carlsbad, CA 92008 Phone Number:7 60-4 4-3 Phone Number: Address of Site: 3890 Margaret Way City of Carlsbad, County of San Diego Local Agency (City and County): 205-430-37 Assessor’s book, page, and parcel number: Specify list(s): Regulatory Identification Number: Date of List: 7-1 0-01 7-1 0-01 Applicant Signature/Date Property Owner Signaturemate Admin/Counter/HazWasle 1635 Faraday Avenue Carlsbad, CA 92008-731 4 (760) 602-4600 FAX (760) 602-8559 @ City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: SCHMOLL, JEFFREY AND ANASTASIA DescriDtion V0100003 Amount fi99 10/05/01 0002 01. 02 1,365.00 CGP 1365 * 00 Receipt Number: ROO23365 Transaction Date: 10/05/2001 Method Description Amount Pay Type Payment Check 1346 1,365.00 ________-- __________ ________________ __________ Transaction Amount: 1,365.00