The URL can be used to link to this page

Home My WebLink AboutV 274; EDWARDS, CHANDLER; Variance (V)Receipt No. APPLICATION NO. VARIANCE V- Z -7 4 CITY OF CARLSBAD (Please Type or Print) Date: November 2, 1977 1. REQUEST: Variance to provide a 10 foot 6ncroachment into the front yard setbac. Also requ exolain and indicate ston of stea i. - a variance for wha wi ecome a Zone Or4ina.nce affected) a nonconiorrfling rear yard setback Carlsbad Zoning ordinance 21.16.030. 2. LOCATION: The subject property is generally located on the side of between Southeast corner and of Walnut Avenue and Carlsbad Boulevard. -. 3. ASSESSOR'S NUMBER: Book 204 Page121 Parcel 01 Book 204 Page 121 Parcel 02 (If more, please list on bottom of this page). 4. OWNER(S): Name Address City Zj_Phone Mr. Chandler Edwards 325 Elm Avenue Carlsbad, California 92008 - 729-8905 \J 5. PERSON RESPONSIBLE FOR PREPARATION OF APPLICATION: Name Joe Guagliardo Address tity Zip Phon e AY 6. APPLICANT'S SIGNATURE: I hereby declare that all information contained within this application is true: Name Representing (Company or Corporation) 4 DESIGN Relationship to Property Owner(s) -ArchItect The City of Carlsbad Planning Department would appreciate the opportunity to work with the applicant throughout the Planning Stages of the proposed development. In an effort to aid the applicant, the Planning Department requests that it be given an opportunity to evaluate and discuss the application and plans prior to submittal. This request is not a requirement; however, it may avoid major re- draftingor revision of the plan which only serves to lengthen the processing time. ATTACHMENTS: Supplemental Information Form - Planning 23 Standard Conditions - Planning 27 Preparation Check List - Planning 32 : .Procedures - Planning 36. 204-121-03 Vi Fo':ii: P.O. Box 240 Carlsbad, California 92008 729-3042 Address Zio Phone p 0 • . SUPPLEMENTAL INFORMATION FORM VARIANCE 1) Gross Acres (or square footage, if less than acre) 13,420 Square feet 2) Zone R-3 3) General Plan Land Use Designation Multiple family high density 4) 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. a) Explain why there are exceptional or extraordinary circum- stances or conditions applicable to the property or to the intended use that do not apply generally to the othet see Q Teel t1age or class of use in the same vicinity and zone: b) Explain why such variance is necessary for the preservation and enjoyment of a su-bstantial property right possessed by other the property is denied to in question: c) 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: See attached page d) Explain why the granting of such variance will not adversely affect the comprehensive general plan: see attached page - FOR I'll LLP,te of P1 a n n i n Commi s s i o n Approval_ 4 A. Upon the completion of this process the front yard of the lot will be Walnut Avenue with Carlsbad Boulevard being the side- yard. At the present time, the setbacks in this area are 20 feet on the front and 10 feet on the side. Our request is for a 10 foot encroachment on the front yard, Walnut Avenue, which would be compensated for by the addition of 10 feet to the side yard on Carlsbad Boulevard. Due to the sighting of this lot on Carlsbad Boulevard, which is a major thoroughfare, it would be most logical to provide the maximum setback on this street. In order to accomplish this we wish to encroach ten feet on the front yard and add an additional 10 feet to this side yard. An additional factor in this application is a request for a variance on a nonconforming rear yard setback which will be created when these lots are consolidated. The setback is currently ten feet which is adequate for a sideyard. However, when the lots are consolidated, this will become a rear yard and, as such, would be nonconforming to the existing code. 4B. See 11A1t above. 4 C. Granting this variance will provide the community with two very distinct improvements. The first would be the elimination of a curb cut on Carlsbad Boulevard, which would improve the traffic flow on this street. The second would be the provision of a far more aesthically pleasing treatment for the street view of this area. 4 D. The granting of this variance would not alter the intent or scope of the general plan since it does not involve a major revision of the scope of the general plan. . r. & xrs. Joe Civaiieri" Mr. & Mrs. Gary Mathers P. 0. Box 523 8263 Sewell Street P. 0. Box 2247 Carlsbad, Cal. 92008 • Fontana, Calif 92335 Idyllwild, Calif. 92349 ; Mr. & Mrs. Elliott Henkins Mr. Sam Caito 438 Tamarack Avenue 35142.-Hammond Street Carlsbad, Calif. 92008 Fraser, Missouri 48026 Mr. & Mrs. Paul Trejo 3363 Garfield Street Carlsbad, Calif. 92008 Mr. & Mrs. Clarence L. French 154 Sycamore Avenue Carlsbad, Cal 92008 Mr. James A. Rogers 168 Sycamore Avenue Carlsbad, Cal 92008 Mr. & Mrs. Willard Comer 1375 Muirlands Vista Way La Jolla, Calif. 92037 Howard R. Clpp Fritz 3392 Carlsbad Blvd. Carlsbad, Calif. 92008 Mr. & Mrs. Alfred H. Fiechter 6574 N. Ruthlee Avenue San Gabriel, Calif. 91775 Mr. & Mrs. Otis Kilgore 155 Sycamore Avenue Carlsbad, Calif. 92008 Charlotte McIntyre 3341 Garfield Street Carlsbad, Cal 92008 Mr. & Mrs. Percy Fisher 151 Sycamore Avenue Carlsbad, Calif 92008 Grace Venis 4 Mr. & Mrs. Robert Barbara J. White 730 W. Adelyn Drive Salisbury 4010 Syme Drive San Gabriel, Cal 91776 142 Chestnut Avenue Carlsbad, Calif 92008 Carlsbad, Calif 92008 Gladys Heidegger Manuel M. Castorena Mr. Paul-R. Wopschall 3305 Garfield Street 158 Chestnut Avenue 324 8 Carlsbad Blvd. Carlsbad, Cal 92008 Carlsbad, Calif. 92008 Carlsbad, Calif 92008 Mr. & Mrs. James OtooleF 1900 Oakwood Avenue Sierra Madre, Cal 91024 Mx. & i4rs. Rudolph H. Sonneman P. 0. Box 223 Carlsbad, Cal 92008 Mr. & Mrs. John Tapocik 1752 S. Vicentia Avenue Corona, Calif. 91720 Mr. & Mrs. Thomas Reedy 164 Chestnut Avenue Carlsbad, Calif. 92008 Mr. & Mrs. Michael Bruccoleri 18626 St. Andrews Place Torrance, Calif. 90504 - . Mr. & Mrs. Richard Hill P. 0. Box 385 Casbad, Calif. 92008 Ms. Olga Seteroff .i380 B Street Hayward, Calif. 94541 Mr. & Mrs. Robert Canning 9251 Woodley Avenue Sepulveda, Calif. 91343 - - r * A 1 NAME PARCEL NUMBER 1. Richard W. Church 204-121-04 P.O. Box 523 Carlsbad, Cal. 92008 2. Mr. and Mrs. Elliott Henkins 204-121-05 438 Tamarack Ave. Carlsbad, Cal. 92008 3. Mr. and Mrs. Clarence L. French 204-121-06 154 Sycamore Ave. Carlsbad, Cal. 92008 4. Mr. James A. Rogers 204-121-07 168 Sycamore Ave. Carlsbad, Cal. 92008 5. Charlotte McIntyre 204-121-08 3341 Garfield Street Carlsbad, Cal. 92008 6. Grace Venis 204-121-09 730 W. Adelyn Drive San Gabriel, Cal. 91776 7. Grace Venis 204-121-10 730 W. Adelyn Drive San Gabriel, Cal. 91776 8. Gladys 1-leidegger 204-121-11 3305 Garfield Street Carlsbad, Cal. 92009 9. Mr. and Mrs. James H. Otoole 204-121-12 1900 Oakwood Ave. Sierra Madre, Cal. 91024 10. Mr. and Mrs. Rudolph H. Sonneman 204-121-13 P.O. Box 223 Carlsbad, Cal. 92008 11. Mr. and Mrs. John Tapocik 204-121-14 1752 S. Vicentia Ave. Corona, Cal. 91720 12. Mr. and Mrs. Joe Civalleri 204-122-05 8263 Sewell Street Fontana, Cal. 92335 13. Mr. Sam Caito 204-122-06 35142 Hammond Street Fraser, Mi. 48026 . I NAME PARCEL NUMBER 14. Mr. and Mrs. Willard Corner 204-122-07 1375 Muirlands Vista Way La Jolla, Cal. 92037 15. Mr. Howard R. Clapp Fritz 204-122-08 3392 Carlsbad Blvd. Carlsbad, Cal. 92008 16. Mr. and Mrs. Robert Salisbury 204-122-09 142 Chestnut Ave. Carlsbad, Cal. 92008 17. Mr.. Manuel N. Castorena 204-122-10 158 Chestnut Ave. Carlsbad, Cal. 92008 18. Mr. and Mrs. Thomas Reedy 204-122-11 164 Chestnut Ave. Carlsbad, Cal. 92008 19. Mr. and Mrs. Michael Bruccoleri 204-122---13 18626 St. Andrews Place Torrance,Ca. 90504 20. Mr. and Mrs. Robert Canning 204-122-12 9251 Woodley Ave. Sepulveda, Cal. 91343 21. Mr. and Mrs. Gary Mathers 204-122-14 P.O. Box 2247 Idyliwild, Cal. 92349 22. Mr. and Mrs. Paul Trejo 204-122-15 3363 Garfield Street Carlsbad, Cal. 92008 23. Mr. and Mrs. Alfred H. Fiechter 204-122-02 6574 N. Ruthlee Ave. San Gabriel, Cal. 91775 24. Mr. and Mrs. Otis H. Kilgore 204-122-03 155 Sycamore Ave. Carlsbad, Cal. 92008 25. Mr. and Mrs. Percy Fisher 204-122-04 151 Sycamore Ave. Carlsbad, Cal. 92008 . . NAME PARCEL NUMBER 26. Barbara J. White 204-050-13 4010 Syme Drive Carlsbad, Cal. 92008 27. Mr. Paul R. Wopschall 204-050-14 3248 Carlsbad Blvd. Carlsbad, Cal. 92008 28. Mr. and Mrs. Richard Hill 204-050-15 P.O. Box 385 Carlsbad, Cal. 92008 29. Mr. Paul R. Wopschall 204-050-16 3248 Carlsbad Blvd. Carlsbad, Cal. 92008 30. Olga Seteroff 204-050-06 380 B Street Hayward, Cal. 94541 DATE SFA \/ .'1L\ DATE TO RECEIVED: F1 Leucadia County Water Dist. Dr. Robert Crawford, Supt.. 1959 El Camino Real Carlsbad Unified Schhoi Dist. Leucadia, CA 92024 . 801 Pine Ave. ar1sbad, CA 92008 E Bill Berrier, Supt. San Dieguito Union School Dist 2151 Newcastle Ave. Cardiff, CA 92007 I Robert L. Bricknian, PhD _J J Encinitas Elementary School Dist. 185 Union Street Encinitas, CA 92024 I,I11 Carlsbad Municipal' Water Dist. 5780 El Camino Real Carlsbad, CA 92008 Jack Kubota Woodside-Kubota & Assoc. P.O. Box 1095 Cr1sbad, CA 92008 San Marcos County Water 01st. 788 W. Encinitas Rd. San Marcos, CA 92069 [I Olivenheim Municipal Water Dist. 1966 Olivenheim Rd. Encinitas San Marcos Unified School Dist. 270 San Marcos Blvd. San Marcos, CA 92060 Director of Public Health Department of Public Health Civic Center / San Diego, CA 92101 m San Diego Coast Regional Comm. iIT 6154 Mission Gorge Rd. Suite 220 San Diego, CA 92120 1 Postmaster City of Carlsbad Mr. R. L. Brown, Jr. Carlsbad, CA 92008 San Diego Flood Control Dist. - 55555 Overland Drive Water Quality Control Bd. San Diego, CA J 6154 Mission Gorge' Road Suite 205 T Edwin J. Heimlich San Diego, CA 92120 [_j Federal Housing Admin. Attn: Greg Luke P.O. Box 2648 San Diego, CA 92112 FOR INFORMATION San Diego Gas & Electric U 101 Ash Street Mailing: P. 0. Box 1831 San Dtego, CA 9211Z Bill Nichols Carlsbad Chamber of Commerce Elm Avenue Carlsbad CA 92008 E Pacific Telephone Co. Right-of-Way Dept. 2436 Howard Ave. Rm 120 San Diego, CA 92103 California Div. of Real Est. 107 S. Broadway, Rm 8003 Los Angeles, CA 90012 CITY PERSONNEL WATER DEPARTMENT FIRE DEPARTMENT Ur Lid/-PARKS & RECREATION 'DEPARTMENT fl Bruce Eliason Dept. of Fish & Game 350 Golden Shore Long Beach, CA 90802 J. Dekema Dist. Dir. of Trans. P.O. Box 81405 San Diego, CA 92138 f' T. C. Martin 'J Programs '& Budget Engiiieer State of California Dept. of Transport. District 11 P.O. Box 81406 San Diego, CA 92138 BUILDING DEPARTMENT =P =u ENGINEERING DEPARTMENT _.411 • . i •j frX FORM PNNING 53 0 > -J cn Q zt 02 -J 0 NOTICE OF PUBLIC HEARING RE: VARIANCE V-274 NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a Public Hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California at 7:00 P.M. on Wednesday, December 14, 1977 to consider a variance request to provide a 10 foot encroachment into the front yard setback and a request forwhat will become a nonconforming rear yard setback (Reference Carlsbad Zoning Code 21.16.030) on property generally located on the southeast corner of Walnut Avenue and Carlsbad Boulevard and more particularly described as: LOT 3 in Block "A's of Palisales, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1747, filed in the Office of the County REcorder of San Diego County, February 5, 1923. Those persons wishing to speak on'this proposal are cordially invited - to attend the PUblic Hearing. If you have any questions, please call 729-1181 and ask for the Planning Department. APPLICANT: Chandler Edwards .DATE OF PUBLICATION: November 30, 1977 CITY OF CARLSBAD PLANNING COMMISSION WALNUT AVE F ................ .............. ......................... .... ..... ... ................... IIO.9 SYCAMORE AVE V-274 EMNARDS 12-14-77 0 -J w LL (-9 Carl 0 bad Journal0 Decreed A Legal Newspaper by the Superior Court of San Diego County 3088 PlO PICO AVENUE • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, printed and published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding NOTICE OF PUBLIC one year next preceding the date of publication of HEARING the notice hereinafter referred to; and that the RE: VARIANCE V274 notice of which the annexed is a printed copy, has I NOTICE IS HEREBY GIVEN that the been published in each regular and entire issue of Planning Commission of the City of Carlsbad will hold a Public Hearing at said newspaper and not in any supplement the City Council Chambers, 1200 Elm thereof on the fallowing dates, es, + a-wi Aventp Carlsbad . p.m. on Wednesday, December 14, 1977 to consider a variance request to pro. vide a 10 foot encroachment Into the front yard setback and a request for whatwill become a nonconforming rear yard setback (Reference Carlsbad Zon- ing Code 21.16.000) on property gener- allylocated on the southeast corner of Walnut Avenue' and Carlsbad Boulevard and more particularly de* scribed as: L0T3 in Block "A"ofpslissles, in the City of Carlabad County of San Diego, State of California, -according to Map thereof No. 1747 Illed In the OffiCe of the County. Recorder of San Diego County, February 5, 1923. Those persons wishing to speak on ihis proposal are cordially invited to at- tend the Public Hearing.lfyou have any qpevtions,please call 729-1181 and ask for the-Planning Department. Applicant: CHANDLER EDWARDS CITY OF CARLSBAP I PLANNING-COMMISSION J W1128; NoveOiber 30, 1977 19.7.7 19.... 19.... 19.... 19.... I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on the Ot.H day of November - 1977 Clerk of the Printer . O MEMORANDUM - November 15, 1977 TO: Planning Department FROM: Engineering Department SUBJECT: V-274 The following are our comments: 1. Prior to issuance of a building permit, the applicant shall record a parcel map or adjustment plat in order to create one lot. 2. Applicant shall offer to dedicate an additional right-of-way return at a minimum radius of 25 feet at the northeast corner of Carlsbad Boulevard and Walnut Avenue. 3. A wheelchair ramp shall be constructed at the northeast corner return of Carlsbad Boulevard and Walnut Avenue. 4. The applicant shall execute a Future Improvement Agreement for the widening of Carlsbad Boulevard along the property frontage. 5. The existing driveway approach on Carlsbad Boulevard shall be removed and replaced with new curb and gutter. 6. The broken sidewalk and curb along the frontage on Walnut Avenue and at the return shall be removed and replaced. 7. The fire hydrant requirements shall be as approved by the Fire Chief. 8. Prior to issuance of the building permit, the applicant shall pay the City the required reimbursement for installation of the waterline along Carlsbad Boulevard frontage at a cost of $4.08 per lineal foot. 9. In order to provide for reasonable fire protection dui'ing the con- struction period, the applicant shall maintain passable vehicular access to all buildings. Jere Riddle Principal Civil Engineer GJR: RCM:ms 6ORMATION REQUEST FORM DATE //—•-7 FROM: . CARLSBAD PLANNING DEPARTMENT RE: CASE NO. .2, 7 Attached is a copy of the location map and information sheet on subject case. This item will be reviewed by Carlsbad Dvelopment Review Committe&on -7 7 . Therefore, if you have comments or conditions that should be considered, please complete this comment request and return by_____________ For further information, please contact the Planning Department at 729-1181, Ext. 25. Assistant Planning Director U1 Mender, COMMENTS: O . n I I (attach additional sheet if necessary) -. Form jjt Pate 16, 1975 S 4 !!MAT19.Lt_ REQUEST FOR1 • DATE__________ •. • TO: • ________ .• • FROM: CARLSBAD PLANNING DEPARTMENT • • RE: • CASE H0. __27 Attached is a copy of the location map and information she&t on subject case. This item will be reviewed by Cailsbad Development Review Commltte& on I /z- 77 • . Therefore, if you have comments or conditions • tJat should be considered, please complete this comment request and return by ///777 • . For further. information please contact the Planning Department at 7291181, Ext. 25. • • • • iud P.lender, Assistant Planning Director • • • COMMENTS 9jg .o,J £EovI/24O 4j' .j72c • • • • •, .• •• • • • •;••• S • •I • • '-S • • • .•. • -• • • S * • ¼ • • •. • (attach additional sheet if necessary) * • • *14 S • •- • • •1 • • Forn • Dat June 16, 2 a 0 ARMATION REQUEST FORM DATE ,21 Z / 7? • • • TO:. • FROM: • CARLSBAD PLANNING DEPARTMENT RE: CASE NO. ? . • Attached is a copy of the location map and information sheet on subject case. This item will be reviewed by Carlsbad Ddveloprnent Review Comritte&on • 1277 .. . Therefore, if you have- comments or conditions • that should be considered, please complete this comment request and return by For further. information please contact the Planning Department at 7291181, Ext.25. V • V XJ Bud Mender, Assistant Planning Director • V V •• COMMENTS Apt "4 L I V. • do wit.. Q. - — _ • *sQ 4L,4 J: -7~ • 0.• • VJ : -• (attach a'dditional sheet if necessary) • • • V :. Form : Date June 16, 1975 ROUGH DRAFT MEMO TO: CITY ATTORNEY FROM:DPLEND 3 The Planning Commission recently approved V-274, which is a variance to permit intrusion into a front yard setback. The property is situated on the corner of Carlsbad Boulevard and VdTJ Walnut Avenue. The front yard is on Walnut and the side! is O vJ. Carlsbad. t However, all other properties in the area are fronting on Carlsbad Boulevard. In approving this Variance, the Panning Commission added a condition - Number 3, that attempts to preserve this full 20' setback along Carlsbad Boulevard, even though the ordinance requires 10 feet. The Planning Commission did this by requiring an open space easement. However, they are not sure that this is the correct vehicle, or if the condition is worded properly. In their discussion they also considered the possibility r&€aPeo, of p-]ain-t4te easement to the City of Carlsbad or the possibility of requiring C.C.&R'S, &nd hac such restriction. The Planning Commission will review this resolution again on Jan 25,1978. Therefore, I would appreciate your comments by January 20th so I can forward the corrected resolution if necessary. Attached: Resolution No. 1428 BP:ar . I ECE1VED DEC 22 1977 0 0 Th! {I 601 pine avenue corlsbad,california 92006 729-9291 CITY OF OARLSBAD Planll in,gDprtme nt December 21, 1977 Reference: Chandler Edwards 7 Apartment Units Mr. Eric Larson, Chairman and Members of the Planning Commission City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Attention: Mr. James C. Hagaman, City Planning Director Gentlemen: Our district has reviewed the proposed 7-unit apartment complex generally located on the southeast corner of Carlsbad Boulevard and Walnut Avenue and has evaluated the impact of that development on the facilities of our district. The Governing Board wishes to advise the City officials and the residents of Carlsbad that as residential units are added to the community, it is likely that many classes in the district will be crowded, resulting in possible impairment to the educational and transportational services offered to the students. It is also likely that school schedules may have to be changed, resulting in an increase in the year-round school program, or double sessions, or both. However, the district is able to assure you that school physical facilities will be available concurrent with need for this development as it is presently proposed. Very truly yours, R. A. Crawford District Superintendent GW: RAC: aw CC: Chandler Edwards I 0 3580 Carlsbad Blvd Apt# A Carlsbad California 92008 14 December 1977 Planning Commission City of Carlsbad Carlsbad California 92088 Gentlemen: Several years ago a request for a variance was pro- posed to 156 Cherry St, which is just off Carlsbad Blvd, similar in nature to the request at hand. To even the casual observer it was obvious that there was no need for the variance to en- croach upon the established required setbacks. It was simply nice to have for that particular owner/developer. At that particular time every property owner on Garfield, Carlsbad Blvd, and the enclosed East/West streets from Redwood to Chestnut signed a petition to stop that development which in essence was not an improvement but a selfish attempt for personal gain at everyone elses expense. All but 4 property owners signed that particular petition which I would assume is a matter of record since the petition was presented to our city council. Hopefully the matter of unwarranted and unnecessary variances was put to rest at that time but human nature being, what it is, apparantly, the matter never will be closed. I'm sure I don't have to point out to you gentlemen that Carlsbad Blvd is developing, and developing very nicely with the established zoning laws. The credit can be given to men like yourselves and your predecessors who have had the foresight to ensure that zoning ordinaces are fair and adequate and then the intestinal fortitude to ensure that they're complied with. The Aestheics of conformity do prevail on and around Carlsbad Blvd. Furthermore there is no need for one property owner to benefit at the expense of another which is clearly the case here, if the variance is granted. We buy property and pay dearly for the privilege of having views and should be assured of some semblence of order as Carlsbad develops. We have- up to now and this should continue. One simply has to look at our neighboring city to view the mess that has been created at their beach area by a lack of sound zoning practices. One apt built up to the sidewalk, with another having no side setbacks and so on. Back to my opening remarks. Our city council resolved the variance request for Cherry St as would be expected. The request was denied. The plans were then redesigned to conform to the citys zoning ordinances. If you drive by there this evening you'll see an attractive building conforming to the citys plans and not some building poking out to satisfy some special interest. . . Gentlemen I sincerely hope that this request will be denied and to be quite candid all similar special requests denied when there is no real need. There are situations that require special consideration by you from the established zoning ordinaces. The reasons for special consideration are obvious. If a piece of property clearly cannot be developed because of size, location and so on, this would certainly warrent your consideration and in all probabilty your blessing. But this certainly is not the case being considered here this evening. In my opinion we have a very fine looking community going in the right direction. I hope that you gentlemen will continue the trend. Thank you for your attention. Sincerely, M. RADER 7 > 7 7 7 7 7 • PETITION • We, the undersigned, stonly urge the City of Carlsbad Planning Commission- to deny the vr1nnce request, V 27 4 rllowin the encro.chment into the front yard setbnck nd s nonconforming rear yard setb'-ck on the southeast corner of Crlsbd Blvd. rnd Welnut Ave. This would establish a precedent on the Scenic Route tht is undesirble end mekes a sefety hazrd for pedestriens end for the proposed bicycle route. We ur'e you to support and enforce the ordinances that benefit nd beautify Cerlebad Blvd. neme address dote 7 r 5-77 77 7 7 77 LI p 0 PETITION • We, the undersigned, stonly urge the City of Carlsbad Planning Commission. to deny the variance request, V 274 rl1owin -the-encroachment into the front yard setback !,nd 8 nonconforming rear yard setb'ck on the southeast corner of Carlsbad Blvd. and Walnut Ave. This would establish & precedent on the Scenic Route that is -undesirable and makes a safety haz'rd for pedestrians and for the proposed bicycle route. We urge you to support and enforce the ordinances that benefit and beautify Carlsbad Blvd. name address dte IN 7 77 -(1O44'2J 4- 1&aJ) 55bo /1%24C d5(,d. /'//a/7 7 33 ii I n c-e & RECEIVED DEC - 1977 ITY OF CARLSBAD £ IL- Planning Department )4\/77 J ov / i 'ai2i 4- Th J an th . ~ 4QAA --eo AW\ 'A , X-k ~ 14 ~ 0~~4 /9d0 jQ,ti& ki '/ 0 0 3710 G8rfield Crlsbd, Ca. Dec. 2, 1977 Pl8nning Commission City of C- rlsbed Cr1s'osd, C Gentlemen: RcEIvED OC3 1977 CITY OF CARLSBAD IN-annIng Department We urge you to deny the V 274 Edwrds v'riaice. This particular part of our ceric Route definitely needs to be enhanced and not downgraded. We urge you to do anything tht will help to improve Carlsbad Blvd. and the rest of the Cj'6 of C -rlsbad. Please do not start a precedent that will be detrimental to Carlsbad Blvd. Yours truly Wm. J. er 60 Carlsbad Blvd Apt. B Carlsbd, CA Nov 30, 1977 CE 1 17_e 4D DEC 5 - 1977 = City of Ox1bad Planning Conmissioi Cribad, CA 1OF CARLSBAD Getnen R vIo v-274 ment e urge you to not allow the encrochzxent into the front yard set back and the non conformin rear ysd s-et baok.on the Edwaids property on Carlsbad Blvd .and Walnut Ave This particular axe'a on Carlsbad Blvd., the $eenio Route, should be upgraded. And ite urge you to enoice whatever ordinances which tend to help improve the looks of Carlsbad Blvd. ena which tend to increase the safety for the pedestrãas anc bker uing this street. It can be a beautiful town; let's continue the good work. Yours truly, cI4 -th1 Q4 rlotte Civs1ieri Joe Civallei 1 - I 0 3474 Cr1sbsd Blvd. Crlbnd, CA Dec. 4, 1977 Carlsbad City PlnninF Commission C.:rlsb2d CA Gentlemen: RE: Vnrie"ce v-274 The Carlsbad Plnnin E Commission should deny the V 274 Edwards vrisnce. tt this point in time rll other buildins on Cr1sb8d Blvd. conform to the 20 foot set bck. There is no justificstion for P vsrince. Yours truly, Rymond Jord-n Helen Jordn I S ff STAFF REPORT DECEMBER 14; 1977 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT CASE NO: V-274 APPLICANT: CHANDLER EDWARDS REQUEST: A VARIANCE TO ALLOW A 10' ENCROACHMENT INTO THE FRONT YARD AND A NON-CONFORMING REAR YARD SET- BACK CAUSED BY REQUEST TO CONSOLIDATE SECTION 1: BACKGROUND LOCATION AND DESCRIPTION OF PROPERTY The subject property is located on the east side of Carlsbad Blvd. between Walnut and Sycamore Avenue. The site is comprised of 3 relatively flat lots which total about a third of an acre in size. There is an existing apartment complex on the southern-most lot. EXISTING ZONING Subject Property: R-3 North: c-2 South R-3 East: R-3 West: 0-5 EXISTING LAND USE Subject Property: North: South: East: West: HISTORY AND RELATED CASES Vacant & Apartments Light Commercial Apartments Apartments State Beach V-268 Newell Resolution No. 1380: On June 22, 1977 the Planning Commission approved a variance which eliminated a sideyard set- back at apartments located on the north side of Chinquapin between Ll . -2- Adams and 1-5. The sideyard was to be used for parking and was conditioned so that the parking area could never be covered. School Agreements were requested for this Variance on apartment buildings. ENVIRONMENTAL IMPACT INFORMATION The project is exempted by Section 19.04.90 (4) of the Carlsbad Environmental Protection Ordinance which excludes minor lot line adjustments and setback variances which do not result in the creation of new parcels or changes in density. GENERAL PLAN INFORMATION The Land Use Map designates the subject site for High Density Residential (20-30 dwelling units per gross acre). Since the parcel is approximately one third of an acre, the General Plan would permit 6-9 dwelling units. PUBLIC FACILITIES There are 3 units existing on the property which currently have public facilities. The City Manager has approved the 1t con- solidation but sewer will not be available for new units at this time. A school letter from the CUSD has not been submitted at this time. MAJOR PLANNING CONSIDERATIONS Are there any unusual circumstances which apply to the subject property? Will the encroachment of the front yard have any det- rimental effect on properties to the east on Walnut? Will the conconforming stature of the existing units on the southerly lot have any adverse effect? SECTION 11: DISCUSSION Presently the property included in this application comprises three separate lots. Each lot fronts on Carlsbad Boulevard. The southerly lot is an interior lot and is developed with three dwelling units with access to Carlsbad Boulevard. The southerly lot is a corner lot fronting on Carlsbad Boulevard and siding on Walnut. The setbacks for all three lots are 20 ft. on Carlsbad Boulevard as a front yard. The corner lot also has a 10 ft. side yard requirement along Walnut. The applicant has requested a building permit that will place a build- ing over both interior property lines. Building over property lines of contiguous lots is permitted by Section 21.46.040. However, when El 11] -- such change is made, the lot orientation may change depending on dimensions of the newly created single building site. By definition (Section 21.04.240), the new consolidated lot will front on Walnut and side on Carlsbad Boulevard. This would make the existing units nonconforming because they would be in the rear yard. What is now a side yard on Walnut will then be a front yard, requiring a 20 ft. setback. The applicant prepared plans to meet requirements as three lots but because of the lot consolidation, the yards requirements changed. The variance, therefore, is to per- mit the existing units to be non-conforming in the rear yard and allow the construction of units within 10' of the front property line after the lot consolidation. This is somewhat of an unusual circumstance since units already exist on the property. Lot consolidation is a benefit to the applicant in that there are no interior side yard setbacks. In this case, lot consolidation is also a benefit to the City because all three lots will now front on Walnut which will give a better access to the two lots fronting only onto Carlsbad Boulevard. This is especially important since Carlsbad Boulevard is ahigh traffic volume street and the City would prefer to have no access onto the Boulevard. The attached Exhibit A indicates apartments that would have a full 20 ft. setback on Carlsbad Boulevard, have access totally from Walnut, including the existing units, but the apartments would be built out to within 10' of Walnut as presently allowed prior to lot consolidation. Staff believes this is a superior plan to having each lot developed separately with each lot with access to Carlsbad Boulevard. Since this Variance actually would maintain the status quo of the area, it should have no effect on surrounding properties. In fact, the properties along Walnut Street already have non-conforming front yards. Three dwellings east of the subject property have front yards of 13 ft., 14 ft. and 1212 ft. respectively. It is important to maintain a full 20 feet distance from Carlsbad Boulevard, however, even though it will be in effect a side yard after 1t consolidation. The 20 ft. setback along Carlsbad Blvd. will maintain the uniformity of setbacks along the boulevard, and to give real distance from the units to the travel lanes. The submitted Exhibit A contains all of the necessary requirements as noted above. The school district was notified on this Variance relatively late, therefore the applicant has not had the opportunity to get the necessary agreements. The applicant has questioned the fairness . -4-- of requiring school agreements on an apartment house variance of this nature since if the variance was not required, there would be no discretionary action and, therefore, no required school agreements. However, it has been the City's position that school districts be notified on any discretionary actions. Since the applicant has not been able to acquire the necessary school agree- ments, the Planning Commission has various options: 1) Continue the public hearing until such agreements have been acquired. 2) Close the hearing and make a decision but not approve the resolution until the school agreements have been acquired. 3) Deny request. because public facilities have not been guaranteed. Staff would recommend that the Planning Commission take Option 2 approving the request, but directing Staff to prepare resolution only after school agreements are completed. The Planning Commission has received 3 letters of protest on this application as of the writing of this report. SECTION III. RECOMMENDATION It is recommended that Variance 274 be approved based on the follow- ing findings and subject to the following conditions: Findings 1) There are exceptional or extraordinary circumstances or con- ditions 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 because: a) The only reason the Variance is needed is because the structure is to be built over existing property lines and by definition of the Code, the front yard will change from Carlsbad Boulevard to Walnut. 2) The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone which is denied to the property in ques- tion because: a) The Variance will allow development to occur as presently permitted on most other property within this area. b) Additional residential units on Walnut have nonconforming -5- setbacks nearly the same as that being requested. 3) The granting of such Variance will not be materially detri- mental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the prop- erty is located because: a) The development will appear similar to all the develop- ments in the area. 4) The granting of the Variance will not adversely affect the comprehensively General Plan because: a) Granting the Variance will allow proper distance from noie eminating from Carlsbad Boulevard and provide safer access on the side street away from the heavily traveled boulevard. Conditions of Approval 1. Approval is granted for the land described in the application and attachments thereto, and as shown on the plot plan sub- mitted, labeled Exhibit A, dated 11/3/77 and the location of all buildings, parking, landscaping and other facilities shall be located substantially as shown on the plot plan. 2. Approval of this Variance is granted for a period of 18 months from the date of Planning Commission approval, however, the Variance shall remain active during the length of the current sewer moratorium (Ordinance 7047) plus 120 days to acquire permits. 3. A full 201 side yard setback shall be maintained along Carlsbad Boulevard. 4. Prior to issuance of a building permit, the applicant shall re- cord a parcel map or adjustment plat in order to create one lot. 5. Access rights along Carlsbad Boulevard shall be relinquished to the City. 6. Applicant shall offer to deficate an additonal right-of-way return at a minimum radius of 25. feet at the northeast corner of Carlsbad Boulevard and Walnut Avenue. 7. A wheelchair ramp shall be constructed at the northeast corner return of Carlsbad Boulevard and Walnut Avenue. 8. The applicant shall execute a Future Improvement Agreement for the widening of Carlsbad Boulevard along the property frontage. 171 0 -6- 9. The existing driveway approach on Carlsbad Boulevard shall be removed and replaced with new curb and gutter. 10. The broken sidewalk and curb alonq the frontage on Walnut Avenue and at the return shall be removed and replaced. 11. The fire hydrant requirements shall be as approved by the Fire Chief. 12. Prior to issuance of the building permit, the applicant shall pay the City the required reimbursement for installation of the waterline along Carlsbad Boulevard frontage at a cost of $4.08 per lineal foot. 13. In order to provide for reasonable fire protection during the construction period, the applicant shall maintain vehicular access to all buildings. 14. Prior to issuance of the building permit, a drainage plan showing on-site and off-site drainage shall be submitted to the satisfaction of the City Engineer. 12-6-77 Attachments - Exhibit A, 11-3-77 Location Map Letters of Protest .. 1 PLANNING COMMISSION RESOLUTION NO. 1428 2 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 3 VARIANCE TO ALLOW A lo t ENCROACHMENT INTO THE FRONT YARD AND A NON-CONFORMING REAR YARD 4 SETBACK CAUSED BY REQUEST TO CONSOLIDATE ON PROPERTY GENERALLY LOCATED ON THE SOUTH EAST 5 CORNER OF WALNUT AVENUE AND CARLSBAD BOULEVARD. CASE NO: V-274 6 APPLICANT: CHANDLER EDWARDS 7 WHEREAS, a verified application for certain property to wit: 8 Lot 3 in Block "A" of Palisades, in the City of Carlsbad, County of San Diego, State of California, according to 9 Map thereof, No. 1747, filed in the office of the County Recorder of San Diego County, February 5, 1923 10 has been filed with the City of Carlsbad and referred to the 11 Planning Commission; and 12 WHEREAS, said verified application constitutes a request as 13 provided by Title 21 of the Carlsbad Municipal Code; and 14 WHEPES, the Planning Commission did on the 14th day of 15 December, 1977, hold a duly noticed public hearing, as prescribed 16 by law, to consider said request; and 17 WHEREAS, at said public hearing, upon hearing and consider- 18 ing the testimony and arguments, if any, of all persons who - 19 desire to be heard, said Commission considered all factors 20 relating to the Variance (V-274), and found the following facts 21 and reasons to exist: 22 1) There are exceptional or extraordinary circumstances or 23 conditions applicable to the property or to the intended use that do not apply generally to the other property or class 24 of use in the same vicinity and zone because: 25 a) The only reason the Variance is needed is because the structure is to be bui1 over existing property lines 26 and, by definition of he Code, the front yard will cha e from Carlsbad ou1evard to Walnut. :: I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . b) The parcel has the major frontage on Carlsbad Boulevard. 2) The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone which is denied to the property in question because: a) The Variance will allow development to occur as presently permitted on most other property within this area. b) Additional residential units on Walnut have nonconforming setbacics nearly the same as that being requested. c) The Planning Commission finds that the vehicle traffic will be diverted to Walnut so as to preclude it from coming out on Carlsbad Boulevard, thereby eliminating those accesses. 3) The granting of such Variance will not be materially detri- mental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the property is located because: a) The development will appear similar to all the developments tn the area. 4) The granting of the Variaxce will not adversely affect the comprehensive General Plan because: a) Granting the Variance will allow proper distance from noise eminating from Carlsbad Boulevard and eliminate access on Carlsbad Boulevard. NOW, THEREFORE, BE IT resolved by the Planning Commission of the City of Carlsbad as f-llows: A) That the above recitations are true and correct. B) That in view of the ' findings heretofore made and considering the applicable law, the decision of the Planning Commission is to approve the Variance (V-274), subject to the following conditions: 1) Approval is granted for the land described in the application and attachments thereto, and as shown on the plot plan sub- mitted, labeled Exhibit A, dated 11/3/77 and the location of all buildings, parking, landscaping and other facilities shall be located substantially as shown on the plot plan. 2) Approval of this Variance is granted for a period of 18 months from the date of Planning Commission approval, however, the Variance shall remain active' during the length of the current sewer moratorium .(Ordinance 7047) plus 120 days to acquire permits. I .2 2 3 4 . . 3) A 20' side yard setback shall be maintained along Carlsbad Boulevard, as presently existing and shown in Exhibit "A". An open space easement shall be recordd with the County Recorder to insure that this setback will remain open space and no structures, other than fences or walls not exceeding 42" in height, are permitted. 4) Prior to issuance of a building permit, the applicant shall record a parcel map or adjustment plat in order to create one lot. 5) Access rights along Carlsbad Boulevard shall be relinquished to the City. 6) Applicant shall offer to dedicate an additional right-of-way return at a minimum radius of 25 feet at the northeast corner of Carlsbad Boulevard and Walnut Avenue. 7) A wheelchair ramp shall be constructed at the northeast corner return of Carlsbad Boulevard and Walnut Avenue. 8) The applicant shall execute a Future Improvement Agreement for the widening of Carlsbad Boulevard along the property frontage. 9) The existing driveway approach on Carlsbad Boulevard. shall be removed and replaced with new curb and gutter. 10) The broken sidewalk and curb along the frontage on Walnut Avenue and at the return shall be removed and replaced. Li) The fire hydrant requirements shall be as approved by the Fire Chief. 1.2) Prior to 'issuance of the building permit, the applicant shall pay the City the required reimbursement for the installation of the waterline along Carlsbad Boulevard frontage at a cost of $4.08 per lineal foot. 1.3) In order to provide for reasonable fire protection during the construction period, the applicant shall maintain vehicular access to all buildings. L4) Prior to issuance of the building permit, a drainage plan showing on-site and off-site drainage shall be submitted to the satisfaction of the Cify Engineer. PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad Planning Commission held on January 25, 1978, by the following vote, to wit: - 10 ii 12 :1.3 14 15 16 17 18 19 20 21 22 23 24 25 26 I 27 XXX 28 XXX :1 AYES: commissioners Larson, Woodward, Fikes and L'Heureux NOES; - ABSTAIN: commissioner Jose and Chairman Rombotis ABSENT: C ATTEST: 9 10 11 cre A 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 It / r I .4