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