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Home My WebLink AboutV 308; WILSON; Variance (V)Receipt No. ZZ______ 0 10 APLICATION NO. VARIANCE CITY OF CARLSBAD (Please Type or Print) Date: June 11, 1980 1. REQUEST: Variance to reduce one sideyard setback from ten (10) feet to (briefly explainand indicate section of Zone five (5) feet (Section #21.10.01+0(a)(1)) to allow the construction of a two- Ordinance affected) car garage. ?. LOCATION: The subject property is generally located on the south side of Estrella del Mar Rd-between Max Aul Way and Playa Road. - 30 ASSESSOR'S NUMBER: Book 215 Page 130 Parcel 16 Book Parcel (If more, please list on bottom of this page). 4. OWNER(S): Name Address City Zip Phone Sonja Wilson 7172 Estrella del Mar Rd. Carlsbad 92008 438-2790 5. PERSON RESPONSIBLE FOR PREPARATION OF APPLICATION: Name Address City Zip Phone Michael C. Zander, AICP P.O. Box 681+ Cardiff-by-the--Sea 92007 91+2-0218 6. APPLICANT'S SIGNATURE: I hereby declare that all information contained within this application is true; and that all standard conditions, as indicated on the attachment have been read, understood and agreed to. p Name Address, City Zip Phone L #JF ,L/'.1 Same as above Representing (Company or Corporation) The Planning Practice Relationship to Property Owner(s) Agent 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 redrafting or re- vision 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 Date of Planning Commission Approval FORM: Planning 5 6/11/79 • 0 SUPPLEMENTAL INFORMATION FORM VARIANCE 1) Gross Acres (or square footage, if less than acre). 15,000 sq.ft. 2) Zone R-1 3) General Plan Land Use Designation ELM 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 or class of use in the same vicinity and zone: Entire area develop ed when La Costa was still in the County. Sideyard_ setbacks in the County were five feet. Many adjoining properties are improved within five feet of their property line. Now, because the area is within the City's jurisdiction, we would have to provide a ten foot setback. Further development of this pro - Dertv since annexation to Carlsbad is the extraordinary circumstance. 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: Again, other properties in the area have been allowed to develop within five feet of their side property line. Since annexation _to_ the _City, _we___ would _now _have _to_provide_ ten _feet. __In_ order --- to build _a_garage with _a_ minimum _width _(24_feet),_we_ Must _be_ able- _to_ build _with- in the new sideyard setback. 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: Theneighbortotheeast,adjacenttothis request, already has a garage five feet from the property line. The com- bined total separat'lon between gaxages will be ten feet, the minimum allowed by the City. There will be no other effect on the public welfare. d) Explain why the grantinq of such variance will not adversely affect the comprehensive general plan: Therewillbenoeffecton the General Plan because the General Plan does not deal with these kind, of details. FORM Planntng23 _Data of Planning Commission Approval • . H If after the information you have submitted has been reviewed, it is determined that further information is required, you will be so advised. APPLICANT: SONJA WILSON Name (individual, partnership, joint veture, corporation, syndication) 7172 Estrella de Mar Rd Business Address 438-279() Telephone Number RAY WILS.ON 4115 1BAND Name 7172 Estrelia de Mr Rd. Business Address Li3R-279O Telephone Number Michael C. Zander, AICP The Planning Practice Agent: Name (individual, partner, joint venture, corporation, syndication) P.O. Box 684 Card5ff-by-the-Sea, CA 92007 Business Address (714).942-0218 Telephone Number Telephone Number Name Home Address Business Address Telephone Number Telephone Number (Attach more sheets if necessary) I/We declare under penalty of perjury that the information contained in this dis- closure is true and correct and that it. will remain true and correct and may he relied upon as being true and correct until amended. j) ' Appi5/ant BY Ii a I PROPERTY OWNERS LIST FOR WILSON VARIANCE 215-120-28 Irwin Sheldon, 7124 Estrella del Mar Rd., Carlsbad, CA 92008 -32 Gertrude Mans, 7136 Estrella del Max Rd., Carlsbad, CA 92008 215-130-05 Warren Chiles, 2018 Max Azul Way, Carlsbad, CA 92008 -06 Sam Nassi, 9171 Wilshire Blvd. PH, Beverly Hills, CA 90210 -07 William Goldy, P.O. Box 2525, Chula Vista, CA 92012 -08 Donald Aarthun, 2054 Max Azul Way, Carlsbad, CA 92008 -11 Daniel Bernheim, Rte. 1, Elm Court, Campbell Road, Far Hills, NJ 07931 -12 Kyocera International, Inc., 8611 Balboa Ave., San Diego, CA 92123 -13 David Bartell, 2031 Max Azul Way, Carlsbad, CA 92008 -14 Loran Winans, 2019 Max Azul Way, Carlsbad, CA 92008 -15 Cubic Corp., 9233 Balboa Ave., San Diego, CA 92123 -16 Sonja Wilson, 7172 Estrella del Max Rd., Carlsbad, CA 92008 -17 Philip Smith, 7184 Estrella del Mar Rd., Carlsbad, CA 92008 -18 Sam Battistone, 3760 State St., Santa Barbara, CA 93105 -19 Barbara Werle, 7204 Estrella del Mar Rd., Carlsbad, CA 92008 -20 Stephen Hays, 7210 Estrella del Max Rd., Carlsbad, CA 92008 -21 M.B. Dalitz, 3111 Maryland Parkway, Las Vegas, NV 89109 -22 Mark Tanz, 2032 Playa Rd., Carlsbad, CA 92008 -23 Elaine Gardner, 2044 Playa Rd., Carlsbad, CA 92008 -26 Max Sacks, 7148 Estrella del Max Rd., Carlsbad, CA 92008 215-170-07-21 Morris Katz, 2170 Guthrie Dr., Los Angeles, CA 90034 -07-22 Georgia Castle, 7115 Estrella del Mar Rd., Carlsbad, CA 92008 -07-23 Leon Chaves, 407 Lincoln Rd., Miami Beach, FL 33129 -07-24 Elaine Thomas, 7115 Estrella del Max Rd.., Carlsbad, CA 92008 -07-25 Norman Beck, 601 N. Palm Dr., Beverly Hills, CA 90210 -07-26 Jacob Ettinger, 3 Hemlock Dr., North Caldwell, NJ 07006 -07-27 Robert Rodgers, 2900 E. Jefferson Ave., Detroit, MI 48207 -07-28 Grace Ross, 993 Fifth Ave., New York, NY 10028 -07-29 Antoinette Cullen, 7185A Estrella del MarRd., Carlsbad, CA 92008 -07-30 Alfred Natkins, 7185B Estrella del Max Rd., Carlsbad, CA 92008 -07-31 Mortimer Winski, 7185C Estrella del Max Rd., Carlsbad, CA 92008 -07-32 Rebecca Wolf, 7185D Estrella del Max Rd., Carlsbad, CA 92008 215-210-11 Rancho La Costa, %Burton L. Kramer, Costa del Mar Rd., Carlsbad., CA -12 Same as above 92008 Irwin Sheldon Gertrude Mans Warren Chiles 7124 Estrella del Mar Road. 7136 Estrella del Mar Road 2018 Mar Azul Way Carlsbad, CA 92008 Carlsbad, CA 92008 Carlsbad, CA 92008 Sam Nassi 9171 Wilshire Blvd. PH Beverly Hills, CA 90210 Daniel Bernheim Rte. 1 Elm Court Campbell Road Far Hills, NJ 0793 1 Loran Winans 2019 Max Azul Way Carlsbad, CA 92008 William Goldy P.O. Box 2525 Chula Vista, CA 92012 Kyocera International, Inc. 8611 Balboa Ave. San Diego, CA 92123 Cubic Corp. 9233 Balboa Ave. San Diego, CA 92123 Donald Aarthun 2054 Mar Azul Way Carlsbad, CA 92008 David Bartell 2031 Max Azul Way Carlsbad, CA 92008 Sonja Wilson 7172 Estrella del Max Road Carlsbad, CA 92008 Philip Smith 7184 Estrella del Max Road Carlsbad, CA 92008 Sam Battistone 3760 State St. Santa Barbara, CA 93105 Barbara Werle 7204 Estrella del Max Road Carlsbad, CA 92008 Stephen Hays 7210 Estrella del Max Road Carlsbad, CA 92008 N.B. Dalitz 3111 Maryland Parkway Las Vegas, NV 89109 Mark Tanz 2032 Playa Road Carlsbad, CA 92008 Elaine Gardner 2044 Playa Road Carlsbad, CA 92008 Georgia Castle 7115 Estrella del Mar Road Carlsbad, CA 92008 Max Sacks 7148 Estrella del Mar Road Carlsbad, CA 92008 Leon Chaves 407 Lincoln Rd. Miami Beach, FL 33129 Morris Katz 2170 Guthrie Dr. Los Angeles, CA 90034 Elaine Thomas 7115 Estrella del Mar Road Carlsbad, CA 92008 Norman Beck 601 N. Palm Dr. Beverly Hills, CA 90210 Jacob Ettinger 3 Hemlock Dr. North Caldwell, NJ 07006 Robert Rodgers 2900 E. Jefferson Ave. Detroit, MI 48207 Grace Ross 993 Fifth Ave. New york, NY 10028 Antoinette Cullen 7185 A Estrella del Mar Rd. Carlsbad, CA 92008 Alfred Natkins 7185 B Estrella del Max Rd. Carlsbad, CA 92008 Mortimer Winski Rebecca Wolf Rancho La Costa, Inc. 7185 C Estrella del Max Rd. 7185 D Estrella del Max Rd. %Burton L. Kramer Carlsbad, CA 92008 Carlsbad, CA 92008 Costa del Mar Road Carlsbad, CA 92008 4b ~1~ \go. \ I IT 'A' N rce 84 95 b 43 67 Be OY 92 09 91 go a MAP \\ 'LOT Ii ~57 34 Loc-vrvotA MAP V-306 (s/t o p4 N(SCE OF PUBLIC HEARING 0 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, July 23, 1980, to consider approval of a variance to reduce the sideyard setback from 10' to 5' to allow the construction of a two-car garage on property generally located on the south side of Estrella del Mar Road between Mar Azul Way and Playa Road and more particularly described as: Lot 16, La Costa Valley Unit 4, Map No. 5434 Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions please call the Planning Department at 438-5591. CASE FILE: V-308 APPLICANT: WILSON PUBLISH: July 12, 1980 CITY OF CARLSBAD PLANNING COMMISSION I / '•O I I . 0 '1 I .. / / Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of Son Diego County 3088 PlO PICO AVENUE • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication STATE OF CALIFORNIA, 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, 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 and published at regular intervals in the said City of Carlsbad, Countyof San Diego, State of California, for a period exceeding one year next preceding the date of publication of the NOTICEOFPUBLrC notice hereinafter referred to; and that the notice - ,. IIARING of which the annexed is a printed copy, has been NQTIC1SHEEBYl1IV5Nthatth5; published in each regular and entire issue of said PIaiiningommioiof the City df; newspaper and not in any supplement thereof on Carlsbad will holct,Rpublit fiebring'at'l the City council Chanibersi oEljn the following dates, to-wit: vuIe, .,arlauaa, California ' at 7 :UU ln , p,, on ,Wednesday, July23, 198d, 'to consider apprqval of a variance th re- uucetheaideyard btback frgm i'to 5' llow' the JulL) Y80 cnnstructin of a two-'ca gatage on prQperty gendrall - loated on the south side of Estrella del Mar Road between;MarAzul Way and Playa toad and unpre-partiaqiarly described Lot 16, Là Costa Valley nit Map l9; 5434 .................................1 9 . Those persons Wishing to speakn this, proposal are cO'dia* iiwjted'to ttnd the u,sbhic héringu-hae any questions pie sae ahlthi'eIanñihg 19 Department,at 438-5591 u , Caae File: V-305 - Applicant: WLdN - CITY OF CAI1LSBAb PLANNIT'fG COMMISSZOJ'I CJ,5897:Jul, 12, 1980 ................................. 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 12th / day of July 1980 - 7_I II 2M/5-79 Clerk of the Printer • --•-.-.--.'-- ---. -....•-• -..•- .,i 1200 ELM AVENIUE CARLSBAD 92008 TELEPHONE: 438-5591 Qlttp of Cad.5bab DATE: June 18, 1980 Michael C. Zander, AICP TO: P.O. Box 684 Cardiff by the Sea, CA 92007. (Applicant) SUBJECT: NOTICE OF INCOMPLETE APPLICATION, CASE NO: \T-308 We have reviewed your application and have determined that it is not complete. Before processing your application, we need 'the following information: 1. Photostatic copy of deed with legal description. 2. Signed public facilities agreement If this information is received by July 2, 1980 , this item will be placed on the July 23, 1980 ., Planning Commission Agenda. If you have any question, please call me at 438-5591. Sincerely, /7 PLZNN INC DEPARTMENT KJL: ar 1/CO FORM 56 0 I MA STAFF REPORT DATE: July 23, 1980 6 TO: Planning Commission FROM: Bill Hofman, Associate Planner SUBJECT: V-308 - WILSON - Request for a variance of the zoning ördlnahce to reduce the sideyard setback from 9' to 5 1 on property located on the south side of Estrella del Mar Road in the R-1 zone. I. PROJECT DESCRIPTION The applicant is requesting a variance of Section 21.10.040 (a) (1) of the zoning ordinance to reduce the required sideyard setback from 9' to 5' on property as described above. The applicant's intent is to build a detached garage in front of his single family residence as shown on Exhibit "A". A previously existing garage has been converted to a gym and storage room, thus, creating the need for a new garage. II. ANALYSIS Planning Issues 1. Can the four mandatory findings for a variance be made as they relate to this project? Specifically, a) Is the granting of this variance necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone? b) Will the granting of this variance be detrimental to the public welfare? c) Will the granting of this variance adversely affect the General Plan? d) Are there exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other property in the same vicinity and zone? Discussion The subject property is located within a residential tract that was approved and built under the jurisdiction 1 4 of San Diego County. The County sideyard setback requirement at that time was five feet. Some single family residences in the vicinity, thus, do have a 5 sideyard. Therefore, staff feels that the first finding that other properties in the vicinity share a similar property right can be made. Staff also feels that the proposed variance would not be injurious to the public welfare nor would it adversely affect the general plan. The major issue with this project is whether there are extreme or extraordinary circumstances applicable to the property that do not apply generally to other property in the vicinity. As shown on Exhibit "A", the proposed location of the garage is 12' from the existing house and 19' from the gym and storage structure. The site is adequate in size and shape to relocate the proposed garage an additional U to the west to meet the sideyard setback requirements of the code. Since no physical obstacles exist to prohibit placement of the garage to meet code requirements, staff cannot make the required finding that extreme or exceptional circumstances are applicable to this property. The applicant has indicated to staff that the primary objection to the garage relocation to the west is that it would visually block the entry to the house from the street. It does not appear to staff that locating the garage to meet code requirements would entirely block the entry from the street, further, this does not appear to be sufficient justification to approve a variance. It should be noted that the Planning Commission must make all four of the required findings for a variance. Staff feels that the applicant's request meets three of the four required findings, however, since sufficient justification cannot be found to meet the fourth finding, staff cannot support approval of this project. III. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 1674, DENYING V-308, based on the findings contained therein. ATTACHMENTS Background Data Sheet Disclosure Form Location Map PC Resolution No. 1674 Exhibit "A" dated, July 16, 1980 BH : ar 7/17/80 -2- BACKGROUND DATA SHEET CASE NO: V308 APPLICANT: WILSON REQUEST AND LOCATION: VARIANCE TO REDUCE THE SIDEYARD SETBACK FROM 9? TO 5' ON SOUTH/SIDE OF ESTRELLA DEL MAR, SOUTH OF ALGA ROAD. LEGAL DESCRIPTION: LOT 16 1 LA COSTA VALLEY UNIT, NO. 4,. MAP NO. 534 Assessors Parcel Number.- 215 - 130 - 16 Acres = .5 No. of Lots 1 :'RAL PLAN AND ZONING General Plan. Land Use Uesiation RLM (0_4 , DU' Density Allc-ied - Density Proposed Existing Zone R1 , Proposed Zone Surrounding Zoning and Land Use: Zoning Land Use North RDM MULTI-FAMILY South R1 SFR East R1 SFR West —_R1 SFR 1TC FACILITIES School District ENCINITAS & SAN DIEGUITO - NO LETTER REQUIRED. Water. District LEUCADIA COUNTY WATER DISTRICT Sewer District LEUCADIA COUNTY WATER DISTRICT JU'S 1 EXISTING Public Facilities Fee Art, dated EXCEPTED FROM REQUIREMENT PER CITY COUNCIL POLICY NO. 17. (Other: ENVIRONMENTAL IMPACT ASSESSMENT Negative Declaration, issued Log No. E.I.R. Certified, dated Other, EXEMPT PER SECTION 19.0 1+.090(C)(4 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 to I ' ' -- 0 PLANNING COMMISSION RESOLUTION NO. 1674 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A VARIANCE TO REDUCE THE REQUIRED SIDE YARD SETBACK FROM 9 TO 5! ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF ESTRELLA DEL MAR ROAD. APPLICANT: WILSON CASE NO.: V-308 WHEREAS, a verified application for certain property, to- wit: Lot 16, La Costa Valley Unit No.. 4,. Map No. 5434 has 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 23rd day of July, 1980, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering 41 all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to V-308. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of V-308,-based on the following findings: Findings: 1) That there are exceptional or'extraordinary circumstances applicable to the property that do not apply generally to other property in the same vicinity and zone in that entry into the unit would be difficult and mature landscaping would be removed if the garage were located to meet the required sideyard setback. //// . I a 4 € 9 'C U 12 13 14 15 16 17 18 19 20 2) That the granting of this variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone in that other adjacent properties in the R-1 zone have a 5' sideyard setback. 3) That the 'granting of this variance will not be detrimental to the public welfare. 4) That the granting of this variance will not adverse affect the General Plan. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 23rd day of July, 1980, by the following vote, to wit: AYES:' Schick, Larson, Friestedt, Rombotis, Marcus,. and Leeds NOES: Jose ABSENT: None ABSTAIN: None EDWIN S. SCHICK,R.\ Chairm CARLSBAD PLANNING COAMISSION ATTEST: C. HA(ANA,Y, ' ejetary BAD PLANNING COMMISSION 22 23 24 25 26 27 28 PC RESO #1674 -2'- GIN 05 Xv SrLL \ - VX C) •2fl PLi\ FO - \\/ LSO K VA Zi t4 C PRPP1' : T PLt'G pgJ\CT1C- FeSOX 4 TG. TE ci E)T. • •• V-306. 1'?%t3T 'ls -7 - 16 — So r 83 / / I F84 op 1 06 / - SHT2 / I/rTT 95 KAc\ 86 ° 70 8-7 1 7 Y4 /' / 68 jc • I L>'K • / / / 110 t - \ - it 20 Cj NJ -_- - -77Z- - V / I ' U w '-.,-'--- o cc L S 01 43 jy r : Of 144 • / u (f)Wo low ,c CD QD S -4.. /j.r • fl0 - - QOVT13L :-'' 0S W9 4 :'r' 'QD oil- OD IT a / i ;00 / lk -, 1IftflIHHIIHhIliuIIflIIIII ONO OMEN LLELIIHIIIIIIIIIIIIIIIIIIIII 1NWFIU1IIHIIIIIIIIIIIIIIIIII L1HUiI$HHhIIIIIIuIIIIIIIIII , MAP 5734 LA COSTA VALLEY UNIT NO 3 - LOTS 141-147 SEC 26 - 112S-R4'N - POR SE 1/4 OS 6269 SAN OIEG) ci JT( ASE t MAP BK 25 PG 21 .• - -' t S LO VN / •2 -- 0 y;- / I OD / N cV AL( * alI - I o co OD CD CD CD SAN DIEGO CCWITY ASSSGRS MAP 12 - MAP 34-LA COSTA VALLEY UNIT-N'.1 -LOTS 7O-75.78-8' & 9K 215 Pfi P' LOTS 76 77 & 63 0, DA6 - ESTRELLA -c - -;; SHT5OF5 I I 0 ASSESSMENT PAR NO 215 170 07 SUB ID NOTE: EACH SUB. ID. INCLUDES AN LJND. i,4o ;NT IN • II i 3 4 COMMON AREA l2 ® JE1 S 3 6.61 AC. 2 I I4 • ___ ___ • f40 37 t 16 I5 1 CRACO'- CT. [J39 • • L 215-17 I Ini-1• / 18 1117 • I ----1 ., • / 20 9 • / / 2725 / •.•• . • • I I • 2826 • • ••. / •• / • • • / / • CONDOMINIUM / • <' -•-- DOC. 65-143199 / • • MAP 5544 - LA COSTA CONDM. NO. I, UNIT. NO. . • • • 1 • • •