HomeMy WebLinkAboutV 313; FREHOF; Variance (V)Receipt No._____
APPLICATION NO. VARIANCE
CITY OF CARLSBAD
(Please Type or Print)
Date: September 10J98D
REQUEST: Variance toreduce side yardsetback for parking from 10 ft. to
(briefly explain and indicate section of
5ft. the zone ordinance affected is 21.18.050, paragraph 5 (a)(b)
Zone Ordinance affected)
2. LOCATION: The subject property is generally located on the
East s i d e o f_q,pjç between rn
and south side of Chestnut -
3. ASSESSOR'S NUMBER: B o o [,,_Zo5 Pagej_ Parcal_i
Book205 - Page190 Parcel 14 (If more, please list on
bottom of this page).
4• OWNER(S): Name Address City Zip Phone
ty-aR"ama-R-QeV-eLQPJ~t Co. td rtners Mp
(1 Ual2ii ng stratr]sjDC.9aQp8 759 -5907
s. PERSON RESPONSIBLE FOR PREPARATION OF APPLICATION:
Name. Address City Zip Phone
Robert F. Ardent 5850 Avenida Encinas, Carlsbad, 92008 438-2164
• 6. APPLICANT'S SIGNATURE: I hereby declare that all information
contained within this application is true:
Name Aadress ' Zip Phone
3030 Harding Street, Carlsbad, Ca., 92008 759-5907
Representing (Company or Corporation )Seagate Realty & Haman Dev. Co.
Relationship
•
to Property Owner(s)
a Ltd., Partnership
- General Partner
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 ,
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SUPPLEMENTAL INFORMATION FORM
VARIANCE
Gross Acres (or square footage, if less than acre) 18,000 Sg.Ft.
Zone R-3 (Request for zone change to RPQ fi]ied)
General Plan Land Use DesignationR—P
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: Owners were
recuired to dedicate 12 ft. to city for future street widening
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: Available parking often governs the
design and size of an office building. Several office buildings
have recently been designed with a variance in side yard setback
for parking. These buildings are attractive and have enhanced the
development of the city without creating an adverse affect on the
immediate community. These completed buildings are: (1) Minnich
Yocum Office Bldg., (2) Pio Pico Bldg., (3) Bryan Square
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: The parking arrangement as proposed
has been designed for maximum aesthetics. Virtually all parking
spaces will not be visible from the street. Parking has been
designed to be hidden by the building and landscaped earth berms
on street frontages. The general public and adjacent property
owners will not be able to visually determine what the parking
side yard setback is.
d) Explain why the granting of such variance will not adversely
affect the comprehensive general plan: It does not change the
utilization of the property from the comprehensive general plan
and it allows for virtually all parking to be unnoticed from
passing traffic.
The parking design will greatly enhance the aesthetics
of the project and provide a project that the city will be
proud of.
FORM 1anntng 23 Date of planning Commission Approval
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PLANNING COMMISSION RESOLUTION NO. 1711
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A VARIANCE
OF SECTIONS 21.18.050(5) & (10), TO REDUCE THE
SIDEYARD SETBACK FROM 9' TO 5' TO ALLOW THE
ENCROACHMENT OF PARKING GENERALLY LOCATED ON THE
SOUTHEAST CORNER OF PlO PICO DRIVE AND CHESTNUT
AVENUE.
APPLICANT: FREEHOF
CASE NO: V--313
WHEREAS, a verified application for certain property, to
I wit:
Portion of Lots 12 and 13 in Block "C" of the Resubdivision
of a portion of Alles Avocado,Acres, Map No. 2027.
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 8th day of.
October, 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
all testimony and arguments, if any, of all persons desiring to
.be heard, said Commission considered all factors relating to
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V-313.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are, true and correct.
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B) That based on the evidence presented at the public hearing,
25 the Commission recommends APPROVAL of V-313, based on the
following findings:
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'Findings: .
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1) That there are' exceptional or extraordinary circumstances or
28 ' conditions applicable to the property or to the intended use
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that do not apply generally to the other property or class
of use in the same vicinity and zone for the reasons stated
in the staff report.
2) 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 but which is denied
to the property in question for the reasons stated in the
staff report.
3) That the granting of such variance will not he materially
detrimental 'to the public welfare or injurious to the
property or improvements in such vicinity and zone in which
the property is located for the reasons stated in the staff
report.
4) That the granting of such variance will not adversely affect
the comprehensive general plan.
PASSD, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of.the City of Carlsbad, California, I L eld on
the 8th day of October, 1980, by the following vote, to wit:
• AYES: Commissioners Schick, Larson, 'Rombotis, Marcus
and Jose.
NOES: None.
• ABSENT: Commissioners Leeds and Friestedt.
ABSTAIN: None.
10~
DVIN S.—SCHICK, JR.\ Chairm
CARLSBAD PLANNING COISSION
ATTEST:
N, Secretary
'CARLSBAD PLAN) NG COMMISSION
PC RESO #1711