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HomeMy WebLinkAboutV 285; CRAIG, ROBERT; Variance (V)I Receipt No.__________ TPcVPLICATION NO. VARIANCE Y" CITY OF CARLSBAD AUG 17 1918 (Pl'ease Type or Print) Date: August_17,1978 CT( OF CARLSBAfl to parkandconstructcarportswithinthe (bri.efl,y explain and'indicate section of front yard .set-back and within the front side-yard setbacks. Zone Ordinance affected) Section 21,16,050 2. LOCATION: The subject property is generally located on the West . Ocean St. side of Ocean at intersection of Oak Ave. (3093 Ocean St.) 3. ASSESSOR'S NUMBER: Book "72 Page '2907 hrc1_203-251-10 Book Parcel (f more, please list on bottom of this page). 4. OWNER(S): Name Address CityZipPhone Mr. William Dean 3093 Ocean St. Carlsbad 92008 745-4803 and Dr. and Mrs. Robert Craig 5. PERSON RESPONSIBLE FOR PREPARATION OFAPPLICATION: Name Address City. Zip Phone Ina1.Agaep P.O. Box 590 Carlsbad 92008 729-8973 I. 6 I hereby declare that all information contained with this application is true: Name Address Zip Phone Same as 5. Representing (Companyor Corporation) TheAgatepCorporation Relationship to Property Owner(s). Planning Consultant 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- drafting or 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 FQrm: Planning 5 Date of Planning Commission Approval .1 .'. / 7' If after the information you have sul'mitted has been reviewed, it is determined that further information is required, you will be so advised. ... ) Dr. and Mrs. Robert Craig 'and Mr...Wi.11iam Deen APPLICANT: Name , (individual, partnership, joint venture, corporation, syndication) 910.E. Grand , Escondido, Ca. Business Address 745-2273 '. • Telephone Number AGENT: The Agatep Corporation Name • P.O. Box 590, Carlsbad, Ca. .92008 Business Address 729-8973 • Telephone Number . • MEMBERS: Donald A. Agatep Name (individual, partner, joint Home Address venture, corporation, syndication) Same 'as Agent Business Address Telephone Number Telephone Number Joe Sandy Name Home Address Same as Agent - Business Address Telephone Number Telephone Number (Attach more sheets if necessary) 1/Wedeclare under penalty of perjury that the infprmati,on contained in this dis-• closure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. >- • Applicant • BY c • • 0 •• • • c\i Agent, Owner, SUPPLEMENTAL INFORMATION FORM VARIANCE 1) Gross Acres (or square footage, if less than acre) 11,100 Sq. Ft. .2) Zone R3 3) General Plan Land Use Designation RH (Residential High) 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 other property o.r class of use in the same vicinity and zone: ______________ ihe suDject has limited flat area for parking unlike other properties in the .-3 zone. Encroacnment is necessary to enable required parking to be provided with adequate back up space. b) Explain why such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question: ___________________ Other roperties in the area have been allo w ea similar variances: 17 variances of a similar nature have been graned to property owners on the west side of ocean Street for similar reasons. 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: Adjacent properties to the north on Ocean Street contain structures built in similar locations and also have similar variances. Ad- jacert property to the south is owned by the State of California with no structors planned. The proposed parking plan allows vehicles to maneuver on site thus affording a safer approach to Ocean Street rather than backinq directly into the street. d) Explain why the granting of such variance will not adversely affect the comrahensive general olan ___________________________ ihe proposea project is consistent with th Geral Plan and a reduction in setback will not affect dwelling unit density. ORM _piarntnq 23 Data of Planning Commission Approval . RECORDING REQUESTED B -. - I 62 (,1 ... 1 6110 'e-I!, FILEJPAGE NO. :L290179 BOOK 1972 RECORDED REQUEST OF TITLE INSURANCE & TRUST 00. MAY 23 9:00 AM'72 OFFICIAL RECORDS SAN DIEGO COUNTY CALIF, HARLEY F. BLOOM RECORDER '$T4CO ACE ABOVE THIS LINE FOR RECORDER'S USE 7770 DOCUMENTARY TRANSFER TAX $ Computed on full value of property conveyed _Or computed on full value less liens and encum- brances qmaining at ti p/93e, 22/ Signature .pf DecIrapt oj City o t Carts b ad Agent determining tax. Firm name Tax Parcel 203-251-10 GRANT DEED INDIVIDUAL AND WHEN RECORDED MAIL TO Namep Dr. Robert Craig Street Address 910 E. Grand Ave. City Car1*td, California StaeLESCOfl qoA _j Zip BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION TITLE ORDER No. __ 941590 ESCROW NO. E 887-2240 AHSF TAX PAID IIARLE" F. .ir'U. RFCORDM FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, VIVIAN G. MORING, a widow; and FLORENCE N. GEEMAIN, a single woman do -------- hereby GRANT to BILL DEEN, an man as his -----1-and separate property- -- toan - und- - -nteres t; and ROBERT .GECRAIGand BARBARA L. husband -& wife, .sjt--enants as to -und. ½int. all that real property situated in the .............. --y .OE -c@sI-------------County of--------------------an -Diego State of California, described as follows: Property described on the attached sheet as Exhibit tA1t. DATED-----------------y ---191? • .-..-. OFFICIAL SEAL + - .,, PLJI3LIC - CALORNA: • PRINCIPAL OFFICE IN • : "5t' (OS ANGELES COUNTY : My Commission Expires July 25, 1975 / 2 --- -- ----- On. M a y------------, 197-----, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Vi.vian....IV1oriag..and...flo.renca.M.---G-eUflaifl- known to me to be the person.s_ whose name-- --- ------- ---- -iesubscribed to the within instrument and acknowledged to me that ---- ..hey .... executed the same. WITNESS my hand and official seal. STATE OF CALIFORNIA ----------County of ------ L.a----Agks- ---------------------------------- -} S RA FR I DENDESCO TOZERLEMKE FEBRUARY.239 1972 THAT PORTION OF CARLSBAD, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIAP ACCORDING TO MAP THEREOF NO? 365 FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 2p 18879 BOUNDED ON THE NORTHWEST BY THE SOUTHWESTERLY EXTENSION OF THE SOUTHEASTERLY LINE OF BLOCK 14 OF SAID CARLSBAD, ON THE SOUTHEAST BY THE SOUTHWESTERLY EXTENSION OF THE NORTHWESTERLY LINE OF BLOCK 19 OF SAID CARLSBAD; ON THE SOUTHWEST BY THE LINE OF ORDINARY HIGH TIDE OF THE WATERS OF THE PACIFIC OCEAN; ON THE NORTHEAST BY THE SOUTHWESTERLY LINE OF OCEAN STREET SAID SOUTHWESTERLY LINE BEING DESCRIBED AS FOLLOWSI BEGINNING AT A POINT IN THE SOUTHWESTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF BLOCK 14 OF CARLSBAD, DISTANT THEREON SOUTH 55 0 27 WEST, 69.56 FEET FROM THE MOST SOUTHERLY CORNER OF SAID BLOCK 149 BEING THE MOST EASTERLY CORNER OF THAT PORTION OF OCEAN STREET VACATED AND CLOSED TO PUBLIC USE BY RESOLUTION OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY, A COPY OF WHICH WAS FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY9 JANUARY 149 1948 AS FILE NO. 4076, IN BOOK 2614, PAGE 255 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHEASTERLY PROLONGATION OF THE NORTHEASTERLY LINE OF SAID CLOSED PORTION OF OCEAN STREET, SOUTH 30 0 5620" EAST TO THE SOUTHWESTERLY PROLONGATION OF THE CENTER LINE OF OAK STREET AS SHOWN ON SAID MAP NO. 365. BEING THE BEGINNING OF A TANGENT 25980 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY ALONG SAID CURVE 24.20 FEET THROUGH .. u, p rjr'i .'r r\LyLr\jL RyMIL.Jr\ A 25.80 FOOT RADIUS CURVE. CONCAVE EASTERLY; THENCE SOUTHERLY ALONG SAID CURVE 24.01 FEET THROUGH AN ANGLE OF 53 0 1916" TO SAID SOUTHWESTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF BLOCK 19 OF CARLSBAD. EXCEPTING THEREFROM THE NORTHWESTERLY 20 FEET. EXHIBIT "A" PAGE PROPERTY OWNERS WITHIN 300 FEET OF 3093 OCEAN STREET, CARLSBAD PARCEL NO. CARLSBAD PROPERTY ADDRESS OWNER OWNER'S ADDRESS 203-250-16 3179 Carlsbad Blvd. Virginia Paine and Nancy West 203-250-17 3145 Carlsbad Blvd. K.E. Ebright 203-250-21 Ocean Street Partnership 203-250-22 3100 Ocean Street Floyd E. & Mary G. Hower 203-251-05 Felt Enterprises Inc. 203-251-06 3053 Ocean St. International Real Estate Development Corp. 203-251-07 3065 Ocean St. William and Mary Skinner 203-251-08 3075 Ocean St. Virginia Swinton 203-251-09 3083-85 Ocean St. Earl & Karen Shultz 203-252-02 Felt Enterprises Inc. 2616 S. Highway 395 Escondido, Ca. 92025 2551 State St., Room 201 Carlsbad, Ca. 92008 3095 State St. Carlsbad, Ca. 92008 Rt. Box 109 Del Mar, Ca. 92014 c/o Pioneer Mortgage Sales Co. 5605 El Cajon Blvd. San Diego, Ca. 92115 c/o Gerald Paxton 2537 Summit Drive Escondido, Ca. 92005 106 Club Road Pasadena, Ca. 91105 3075 Ocean St. Carlsbad, Ca. 92008 3085 Ocean St. Carlsbad, Ca. 92008 do Pioneer Mortgage Sales Co. 5605 El Cajon Blvd. San Diego, Ca. 92115 40 r DATE SENT: Richard Han-, , Manager Leucadia County Water District P.O. Box 2397 Leucadia, CA 92024 DATE TO BE RECEIVED: F-1 Carlsbad Rob Crawford, Supt. Carlsbad Unified School Dist. 801 Pine Ave. Carlsbad, CA 92008 F1 Bill Berrier, Supt. San Dieguito Union School Dist. 2151 Newcastle Ave. Cardiff, CA 92007 Donald Lidstrom, Supt. Encinitas Elementary School Dist. 185 Union Street Encinitas, CA 92024 John R. Philp, M.D. [II Director of Public Health 1600 Pacific Hwy. - San Diego, CA 92101 - Bruce Warren, Executive Dir. San Diego Coast Reg. Comm. 6154 Mission Gorge Rd. Suite 220 San Diego, CA 92120 El' Mr. R. L. Brown, Jr. San Diego Flood Control Dist. 55555 Overland Drive San Diego, CA 92123 John P. Henley Acting General Manager Carlsbad Municipal Water Dist. 5950 El Camino Real Carlsbad, CA 92008 F-1 Woodside Kubota Woodside Kubota & Assoc. P.O. Box 1095 Carlsbad, CA 92008 San Marcos County Water Dist.. 788 San Marcos Blvd. San Marcos, C. 92069 L}Olivenheim William Hollingswoith Manager Municipal Water Dist. 1966 Olivenheim Rd. Encinitas, CA 92024 Dr. Ralph Kellogg, Supt. San Marcos Unified School Dist. 274 San Marcos Blvd. San Marcos, CA 92069 Postmaster City of Carlsbad r— Edwin J. Heimlich Carlsbad, CA 92008 Li Federal Housing Admin. P.O. Box 2648 Water Quality Control Bd. San Diego, CA 92112 F-1 6154 Mission Gorge Road Suite 205 • San Diego, CA 92120 . - Attn: Arthur Coe, Charlene Dennis, or Peter Silva - FOR INFORMATION San Diego Gas & Electric Don Brown 101 Ash Street Carlsbad Chamber of Mailing: P.O. Box 1831 Commerce San Diego, CA 92112 Elm Avenue Carlsbad, CA 92008 Pacific Telephone Co. F-1 Right-of-Way Dept. Bruce Eliason 4838 Ronsons Court Dept. of Fish & Game San Diego, CA 92111 350 Golden Shore Long Beach, CA 90802 F~California Div. of Real Est. 107 S. Broadway, Room 8107 J. Dekema Los Angeles, CA 90012 Dist. Dir. of Trans. P.O. Box 81405 CITY PERSONNEL San Diego, CA 92138 WATER DEPARTMENT T. C. Martin Programs & Budget L.- FIRE DEPARTMENT Engineer State of California - UTILITIES DEPARTMENT Dept. of Transport. District 11 PARKS & RECREATION DEPARTMENT P.O. Box 81406 San Diego, CA 92138 BUILDING DEPARTMENT ENGINEERING DEPARTMENT LI- Form Planning 53 QUALITY ORIGINAL (S) 2O-25 \\26 LINCOLN ST I SO 00 50 POR 8 ®Ø AVA TCT 97 ST j / POT AC 1ELD ST Lki ST 20 LU S 5 200 0 - * L.J - - - - - f o so o/ so ST CL _ 1 L D J D i cP L eiory I ?- / PACIFIC OCEAN 68i - TUM LANDS - TCT 200 PACI OCEAN MAP 1661 - CARLSBAD LANDS - TCTS.91 100 MAP 775( 365. 535) - TOWN OF CARLS8AD AMENDED LPBC BLK BIK 14FORBLKS 15 18- ROS 2266 P 2 MAP 203 - FRAZIER PLOT - PDR BLK I ROS 266 Lu %S~ 0 OCEAN STI%EET 5TATE PACIFIc. OCEAN. CRAIG N - Case No. V-85 Date Rec'd:1 l8 DCC Date: Io-3-7g PC Date 10-11-78 Description of Request:VPI/'JC& T0 LLov.J PAKU*G A ND CI1RRTS WITHIN Ot.--- ANj S I D E-YARD sE-PcS Address or Location of Request:w-r SD (OF OCEAN slRE&'T AT OAK AVE&!VE (30,Ef'N C) Applicant: Rov cRG v.1t.L1M 0E4W Engr. or Arch. A T' C.ofOPCTION Brief Legal: fl.4 p &Jo.3$ 4o1 onJtD 6y . 6LoCk vy , at-ocr. N. OC L9t IsT ANO 03CFIC. OCEAN t1i-1Tz Assessor Book: 2.03 Page: Parcel: _10 General Plan Land Use Description:PI1 (E.IOENTIU.. N 1GB) 2.o-a dJ/aC.. Existing Zone: Proposed Zone: '.'JA Acres: iyoo No. of Lots:I DU's 3 _DU/AcreI2. School District: CMLMD 'JNIFIED_SChOOL DtST.R\cr Water Sanitation .District: CARLSbA MUlct PL vATER D1R\cT -Wi thi n —Coast --P lan- Area: Coast Permit Area:y i FORM PLANNING 52 •f NOTICE OF PUBLIC HEARING VARIANCE 285 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, October 11, 1978 to consider a variance to allow parking and carports within the front and side yard set-backs on property generally located on the west side of Ocean Street at Oak Avenue, and more particularly described as: That portion of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 365, filed in the office of county recorder of San Diego County, February 2, 1887. 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: Robert Craig, William Dean PUBLISH: September 30, 1978 CITY OF CARLSBAD PLANNING COMMISSION LU • OCEAN_ST ET PACIFIC.QCEAN. [V-285 • N. jCRAIG * I to-U-iS Case No. V-Z85 Date Rec'd:-?-78 DCC Date: lo-,3-7g PC Date 10-11-79 Description of Request:VIAkIC& 40 f11_1.0..J PAI'XING MJD CARR3RT5 WITHIN AND 5106- YAM) s6 -BAct-S Address or Location of Request:ij-r aF OCE/3N srRWr AT oAl< P\JEiJUE (30 93' QCEAN 1_:") Applicant: Ro -r c c'vIILIAt'i OE.4W • Engr. or Arch. AGATGil CaPfORATION Brief Legal: H4p Jo.jS 1 r oJt&D BY LOCK oC&4 ST, AMC - f'AC.lFC- OCEAN 1HTL 1CC6OE0 1887 Assessor Book: O3 Page: 2.I Parcel: 10 General Plan Land Use Description: A14(65I0Ecr:fILH(Gt-):20-p d'./LLC.. Existing Zone:Proposed Zone: NIA Acres: ii, 100 tNo. of Lots: i DU's 3 DU/Acre s. School District: CPiL5J,qD 'JNtFIED_3CiO0LDIST\c1 Water Sanitation .District: CARLS&%UMwa1cIPI1LvIATE Ds1g\cr •Coast Permit Area: YLc I FORM PLANNING 52 -- -I Carisliad Journal 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 one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has NOTICE OF PJBLIC HEARI1TG been published in each regular and entire issue of V 9CA 28 said newspaper and not in any supplement NOTICE IS HEREBY GIVEN, tliatthe thereof on the following dates, to-wit: Planning Commission of the 'City of Carlsbad will hold a Public Bearing at the 'city Councjl"Ch5rnbers, 1200 ElmS Avenue, Carlsbad, california,, dt 7:00 P.M. on Wednesday, October 11, 1978 to consider a variance to allow parking and carports Within the front and ,side Yard set-backs on property generally located on the West side of Ocean Street at Oak Avenue, and more particularly describeil as: - Thalportion'of Carlsbad in the City of Carisbéd, County of San Diego,-State of California, according to'maptheteof, No. 365, filed in the office of county re-cçrderofSan Diego County, l"ebruary2, 1887. Those persons wishing to speak on, thispropssal are ordiallyinvited,to at-tnd,the publicheariug.jfyo2 haveny questions, please calL729181and,sç for the Planning Department. Applicant: Robert Craig, William Dean CITY OF CARLSBAD PLANNING COMMISSION CJ S071: September30, 1978 Sep nbe • ......19. 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 30th day of Sentenr, 1978 0'uh Clerk of the Printer 1200 ELM AVENUE TELEPHONE: CARLSBAD, CALIFORNIA 92008 (714) 729-1181 °QI.ttp of Carlssbab PIOJE)r TITEE: GRADING PLAN FOR THREE UNIT CONDOMINIUM PRO3T LOCATION..; 3093 Ocean Street PPcUEXDESCRIPTION: Construction -of a 3 unit condominium, project. This project will replace 2 existing units; Buildingplans are currently in plan: check. A site pianis on file (11-285)......... PI3E2 PROPONENT: JOE SANDY IflG :521 .. PEIT/FII NOV The City of Carlsbad has conducted an envixonrrental review of the above • described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance • of the City of Carlsbad. As a result of said review, a draft Negative Declaration (Declaration of Non-Significant Impact) is hereby issued for the subject project. Justification for this action is attached to this document. A copy of the Negative Declaration with supportive documents. is on file in the Planning Department, City Hall, 1200 Elm Avenue, Carlsbad, C. Corrnnts from the public are invited. Please submit corrirrents in writing to the Planning Department Within five (5) days of date of publication January 13., 1979 DATED: _J-7-77'. Si NOTICE OF DECLARATION OF NONSIGNIFICANT ,ENVIRONMENTAL IMPACT NOTICE IS HEREBY GIVEN that the City of Carlsbad has issued - Negative Declarations for the following projects: LOG NO. 521, the proposed project is a grading plan for construction of •a three-unit residential condominium structure. The project site is located along the beach,, on the west 'side of Ocean Street at the intersection of Oak Avenue. The property is adjacent to a duplex dwelling the north and to the State • Beach Park on the south. There fornierely were two dwelling unit - structures on the site, but they have recently been removed.. The property is currently devoid of all vegetation. 4pp1icant: Joe Sandy A copy of the subject Negative Declaration with supportive - information is available for public review at the Planning Department, City Hall, 1200 Elm Avenue, Carlsbad.. Comments from the public are • invited. Please submit comments in writing to the Planning Department within five (5) days from the date of this notice.. • • PUBLISH:January 13, 1979 WORMATION REQUEST FORM DATE: 12-8178 FROM: CARLSBAD PLANNING DEPARTMENT CASE NO. V-Z 85 (CPfl1 C, +DEA?J) RE: PJ cp,P09-r5 wrrNlM floJT- AQD The attached information is for your review and comment. This item is - scheduled for review by the D.C.0 on 10/3/78 If you have comments or you want certain conditions of approval to be considered please respond in the space below reserved for comments, c/3ff7 ISSUES: J, ijo ypzz cn OPQr'O'aJ eA ,. \Ot'vç ripzC( - - I r •, • Ju t/ , V For further information, please contact the Planning Department at 9-1181, extension 25. SVIIA 196 rj T4. DON ROSE, Current Planning Section COMMENTS: (attach additional sheet if necessary) -- Form PL 51/78 COMMENTS: TION * - ~V DATE: M TO: ____ \oD D A EP FROM: CARLSBAD- PLANNING DEPARTMEN T!!VTCA/E NO. V-2-85 (cinc, +DEA&J) -, iu. YR J rri F('O&JT- At)D SE -/D 5T The attached information is for your review and comment. This item is scheduled for review by the D.C.C. on 1o/3/75 If you have comments or you want certain conditions of approval to be considered please respond in the space below reserved for comments. ISSUES: • jj i4111)/ cflv -1 UH I - I tlV( rt'4C(5 V .çJ )-i-' -crxar - V . .....- V - •1 •V V - For further information, please contact the Planning Department at 729-1181, extension 25; r. DON ROSE, Current Planning Section (attach additional sheet if necessary) V Form PL 51/78 - •ORMAT ION REQUEST FORM DATE: ___________ TO: FROM: CARLSBAD PLANNING DEPARTMENT CASE NO. V-2,8-5- (C PA tc, +DEAkJ RE: YAR1JCbTO&LL6Jf'ftYjt'JC, 1Vb CAPoT5 wLTHII'J Fgo&JT - The attached information is for your review and comment. This item is scheduled for review by the D.C.CO on -/o/3/7 If you have comments or you want certain conditions of approval to be considered please respond in the space below reserved for comments. ISSUES: Do yU 111 +Rtc r /1 i acc? ( o - For further information, please contact the P1anniArtmentat 729-1181, ry'v . extension 25. Li 19178 0 G28 DON ROSE, Current Planning Section B uild/fl0 I4 RLS&,40 ( k ,d_ COMMENTS: LI Ii (attach additional sheet if necessary) Rj Form PL 51/78 ONFORMATION FORM - NO. VB-5 JcMIc -DEAIJ) RE:cAPor.5 7N1rtJ FoAJT- AQD SflE/fl ET The attached information is for your review and comment. This item is scheduled for review by the D.C.C. on - _/o/3/7B If you have comments or you want certain conditions of approval to be considered please respond in the space below reserved for comments. DATE: L2-8117,5 Q-~4 1CARLSBAD PLANNING DEPAR 4 . /1LI( 1,978 Ur1 MAIN TI s ISSUES: raC YO & Ct 'V V I c 'I o.pQro/aJ 1 1H) ( I DJtIh. ' - ca r Si PQ r LI For further information, please contact the Planning Department at 729-1181, extension 25.. Jv SVf14- /Y)(flj c4. DON ROSE, Current Planning Section COMMENTS: (attach additional sheet if necessary) Form PL 51/78 I*RMATION REQUEST FORM 8. DATE: ___________ TO: FROM: CARLSBAD PLANNING DEPARTMENT CASE NO. V-2- 8,5- (ClAlG4-DE,Ai) RE: SARI PJCTQFLL6frJftiG /Jb CA1POPJ5 WI-THINFOkJT /iD snE-'?D ET J3A-cX The attached information is for your review and comment. This item is scheduled for review by the D.C.C. on ____________________________ If you have comments or you want certain conditions of approval to be considered please respond in the space below reserved for comments. ISSUES: j ,130 ~6 0 / 14 a I ( r\ Dc r ' 3 For further information, please contact the Planning Department at 729-1181, extension 25. 43 yc4 DON ROSE, Current Planning Section COMMENTS: (attach additional sheet if necessary) Form PL 51/78 WHITE IT—DON'T SAY IT INTER-DEPARTMENT MEMORANDUM TO V.- .2 tfl 1e___ //_r zj T)(J~C'4-11'-rE ALL cf/,i V49140 cfrJCE 6/oftorc / -'C PO&j A 7)j PLx K< L/ P L LEE 2 REPLY ON THIS SHEET FROM WILMER SERVICE U.NC STANDARD INTER DEFT. MEND. FORM 1 1-24 . I THE AGATEP CO. P.O. BOX 590 CARLSBAD, CAL. 92008 729-8973 August 23, 1978 Mr. Bud Plender Planning Department Carlsbad City H11 1200 Elm Street Carlsbad, Ca. 92008 Re: Craig & Deen Parking Variance Pursuant to our conversation on August 17, 1978, I have applied for a new variance which would allow parking in the front yard setback on the property at 3093 Ocean Street. As you know, the Planning Commission (PC) approved a variance on this property for the same purposes on January 25, 1977 (PC Resolution No. 1318). However, as a result of final engineering, it was determined that the public right-of-way is further west along the front property line, thereby, necessitating a minor redesign of the parking lot and subsequent site plan. The original PC Resolution found that a variance was necessary for several reasons, including safer ingress and egress. The circumstances surrounding the revised site plan have not changed, thus, a variance is necessary for the same reasons. Additionally, this project has met all necessary governmental require- ments (i.e., Coastal Permit, Sewer Allocation, etc.) and has proceeded as required until the property line discrepancy was discovered. We have also promptly responded to the City's request for verification of the true property line. I think you will agree that there are extenuating circumstances which have necessitated a new variance. And as the revised site plan meets the spirit and intent of the original variance, I urge the Planning Department's favorable support in order to complete this project. Sincerel \ Jq'e Sandy \anning Consu nt JS/ii p.c. Dr. Robert Craig Mr. William Deen Received AUG 24 19787 CITY OF CARLSBAD . 0 /2 7 i Fz I &&Y,L 94 y ~/ v lcwtl a ~/ ?,~ /, ~)ae&,vd ~~ /.JJ' 1 7ch 4 ( \ j©©J ©© rr©1 C it ! V E i 801 pine avenue carlsbad,colifornia 92008 729-9291 JAN 25 1977 January 25, 1977 CITY OF CARLSBAD Planning Department Reference: Variance No. 267 J. R. Meadows, Agent Bill Deen, Robert Craig and Barbara Craig .-s fr /z.S Mr. Eric Larson, Chairman . and Members of the Planning Commission City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Attention: Mr. Bud Plender, Acting City Planning Director Gentlemen: Our district has reviewed the proposed Variance No. 267 to construct a 4-unit dwelling on property now zoned as R-3 generally located at 3093 Ocean Street (beach front property) as referenced above 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, IR. AA. Crawf or District Superintendent FIlL : RAC : aw CC: Bill Deen, Robert Craig and Barbara Craig ROBERT A. CRAWFORD BOARD OF EDUCATION THOMAS L. CURTIN. M.D. W. ALLAN KELLY RICHARD R. ONEIL. M.D. MARY A. SCHERN HOPE WRISLEY DISTRICT SUPERINTENDENT i.. • STAFF REPORT DATE: October 11, 1978 TO: Planning Commission FROM: Planning Department CASE NO: V-285 APPLICANT: Robert Craig and William Dean REQUEST: VARIANCE TO ALLOW ENCROACHMENT OF PARKING AND CARPORTS INTO THE FRONT YARD AND SIDE YARD SETBACKS. BACKGROUND REPORT Location and Description of Property The site is located on the west side of Ocean Street at the intersection of Oak Avenue (3093 Ocean Street). There are three existing beach apartments currently on the site. These residences are old and in somewhat poor condition in comparison to adjacent development to the north. The property slopes to the beach at an approximate 25 slope. Adjacent property to the south is owned by the State of California (Carlsbad Beach State Park). No development exists on this site, and none is planned. The physical characteristics of the State property are similar to the subject site. Existing Zoning Subject Parcel : R-3 North : R -3 South : Open Space East : R-3 West : Pacific Ocean Existing Land Use Subject Parcel : Beach apartments North : Duplex South : State Beach East : Apartments West : Pacific Ocean Past History and Related Cases The following variances have been approved for property on the west side of Ocean Street between 0k Avenue and Pacific Avenue. STAFF REPORT October 11, 1978 PAGE TWO (2) 40 CASE NO. DATE TYPE OF VARIANCE V-13 8/13/57 Front/side yard reduction V-47 1/29/59 Front/side yard reduction V-76 9/13/60 Side yard reduction V-90 8/8/61 Front yard reduction V-91 915/61 Front yard reduction V-92 9/12/61 Side yard reduction V-1141 9/30/614 Front, rear, side yard reduction V-150 10/26/65 Allowing parking in front & side yard V-1714 8/17/67 Front, side yard reduction V -177 10/10/67 Front, side rear yard reduction V-179 1/5/68 Side yard reduction for garage only. V-197 1/27/70 Reduction of all yards V-200 7/28/70 Side yard reduction V-2014 14/13/71 Allowing increase in fence height in front yard. V-205 5/25/71 Front side yard reduction V-222 9/114/72 Front, side, rear yard reduction V-233 9/10/714 Front yard reduction V-267 1/26/77 Front, side yard reduction V-276 3/22/78 Side yard reduction Variance (v-267), Meadows, Resolution No. 1318, concerned the subject property. At the time of approval, a four-unit development project was proposed. However, recent surveys of property lines for this site have caused the applicants to revise their plans to include only three dwelling units on th.e property. The revised plan still necessitates encroachment into the required front yard to provide the needed parking and auto manuvering area. In approving the former variance for this site CV-267, the Planning Commission found the subject property has limited flat area for parking and auto back-up space and that 17 variances of a similar nature have been granted to property owners on the west sIde of Ocean Street. Also, the reduction in the front yard etb.ackwuld not affect the dwelling unit density for the subject location. The conditions applied by the Commission required that development be in sub- tantial conformance with an approved plot plan, that all parking spaces be coyered, and that the approval would expire within three years If permitted structures were not constructed, Public Ftltttes The proposed project has all needed public facilities available. Two EDU's were allocated as part of the City Council's Second Revision to the First Phase Sewer Allocation System (Resolution No. 5371), approved April 18, 1978). STAFF REPORT October 11, 1978 PAGE THREE (3) One existing sewer hook-up, brings a total of three for the project. Applicant will be required to enter into a lien contract agreement for full half-street public improvements as required by the City Engineer. With respect to school facilities, a letter of school availability was received from the Carlsbad Unified School District for the formerly proposed four-plex on this site. The availability of school facilities for the now proposed triplex on this site was confirmed through conversations with the school district on August 29, 1978. Major Planning Considerations Can the required findings for variance approval be justifiably found? Dismiss ion The Commission has previously considered a similar variance for the same property. At that time the project was for four units. However, the applicant's plans at that time did not correctly reflect the property line along Ocean Street. Our Engineering Department discovered that the lot was somewhat smaller than represented. This necessitated reducing the number of units to three and reapplying for a variance. The justifications for this variance are basically the same as with the previous application. There are special circumstances due to topography and there are several properties in the same vicinity and zone enjoying the same right. Staff Recommendation Staff recommends that V-285 be APPROVED based on the following findings and subject to the following conditions: 1) 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 because: a) The subject property has limited flat area for parking unlike other properties in the R-3 Zone. b) Encroachment is necessary to enable required parking to be provided with adequate back up space. 2) The variance is necessary for the preservation and enjoyment of a sub- stantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question because: a) 17 variances of a similar nature have been granted to property owners on the west side of Ocean Street. STAFF REPORT October 11, 1978 PAGE FOUR (J) 3) The granting of such variance will not be materially detrimental to the public welfare or injrious to the property or improvements in the vicinity and zone in which the property is located because: a) Properties in the area have been allowed similar variances. b) Adjacent properties to the north contain structures built in similar locations. c) Adjacent property to the south is owned by the State of California. No structures are planned for this area by the State. 4) The granting of such variance will not adversely affect the comprehensive General Plan because: a) The reduction in the front yard setback will not affect the dwelling unit density for the subject location. flHfl I TI flM 1) Approval is granted for the land described in the application and any attachments thereto, as shown on the plot plan submitted, labeled Exhibit A, dated October 11, 1978. The location of all features shall be located substantially as shown on the plot plan. 2) Encroachment into the yards may occur only as shown on the approved plot plan with no exceptions. 3) Covered parking is required for all spaces. 4) Approval herein will expire 3 years from the final approval date, if the structures permitted to encroach are not constructed. 5) Prior to the issuance of building permits, the applicant shall submit a landscape and irrigation plan to the Planning Department for approval. The landscaping and irrigation shall be installed per approved plan prior to occupancy. 6) Prior to issuance of any building permits the property owner shall execute a lien contract agreement for future half street improvements on Ocean Street for the entire property frontage. DLR/DA/a r 9/29/78 Attachments 1 2 3 4 5 6 7 8 9 10 1.1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 1476 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD APPROVING A VARIANCE TO ALLOW ENCROACH- MENT OF PARKING AND CARPORTS INTO THE FRONT YARD AND SIDE YARD SETBACKS. CASE NO.: V-285 APPLICANT: Robert Craig & William Dean WHEREAS, a verified application for certain property to wit: That portion of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 365, filed in the office of county recorder of San Diego County, February 2, 1887 Jhas been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 11th day of lOctober, 1978, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering the testimony and arguments, if any, of all persons who desired to be heard, said Commission considered all factors relating to the Variance (V-285) and found the following facts and reasons to exist: That there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not generally apply to the other property or class of use in the same vicinity and zone in that the subject property has limited flati area for parking and auto back-up space. That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone. 1 That the granting of such variance will not be materially 2 detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is 4 located. 5 That the granting of such variance will not adversely affect 6 the comprehensive general plan. 7 4 WHEREAS, the Planning Commission by the following vote 8 APPROVED V-285 with the following conditions: 9 1. Approval is granted for the land described in the application 10 and any attachments thereto, as shown on the plot plan'submitted, labeled Exhibit A, dated October 11, 1978. The location of all 11 features shall be located substantially as shown on the plot plan. 12 2. Encroachment into the yards may occur only as shown on the approved plot plan with no exceptions. 13 3. Approval herein will expire three years from the final 14 approval date, if the structures permitted to encroach are not constructed. 15 4. Prior to the issuance of building permits, the applicant shall 16 submit a landscape and irrigation plan to the Planning Department for approval. The landscaping and irrigation shall be installed 17 per approved plan prior to occupancy. 18 5. Prior to issuance of any building permits the property owner shall execute a lien contract agreement for future half street 19 improvements on Ocean Street for the entire property frontage. 20 AYES: Roinbotis,Larson, Schick, Marcus, L'Heureux, Wrench, Jose 21 NOES: None - - 22 ABSTAIN: None 23 24 /1 25 / 26 II 27 28 ' -2- • 1 NOW, THEREFORE BE IT RESOLVED that the above recitations 2 are true and correct. 4 Chairman 5 C RLSBAD PLANNING COMMISSION 6 ATTEST: 7 8 Cl HGAMAN/ S eqfetary 9, =SBAD PLANNING CáMISSION 1]. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- 1 0 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CARLSBAD ) ss I, JAMES C. HAGAMAN, Secretary to the Planning Commission of the City of Carlsbad, California, do hereby certify that the foregoing resolutionwas duly introduced, approved and adopted by the Planning Commission of the City of Carlsbad at a regular meeting of said Commission held on the 25th day of October, 1978 by the following roll call vote: AYES: Roxubotis, WHeureux, Schick, Wrench, Marcus, Jose, Larson NOES: None. ABSTAIN: None ABSENT: None 0