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HomeMy WebLinkAboutV 335; CARLSBAD FINANCIAL CENTER; Variance (V) (6)APPLICATIOON BEQUEST o Zone Change O General Plan Amendment 0 Precise Development Plan 0 Specific Plan • Tentative Tract Map • Planned Unit Development • Major Condominium Permit 0 Site Development Plan 0 Conditional Use Permit Variance 0 Minor Condominium PermIt 0 Planning Catmission Determination • 0 Master Plan 0 Special Use Permit Clete Description of project (attach additional sheets if necessary) rjlhe division of an existing -parcel-to create two building sites. Location of Project On Oak Avenue soUtheterlyof Highland Drive Legal Description (complete) - See attached ••• . . . . . .. Assessors Parcel Nurrer . .. . 156-190-55 ........ Zone General Plan Existing Land Use R-1 Low-med-den-residential Vacant Proposed Zone Proposed General Plan Site Acreage R-. . no change . . .0.34 acres - 15,023. sq.ft. Owner . . Applicant . Name. (Print . )•. . . Carlsbad Financial.Center, a . Name (Print or ¶L'pe) - JOh. E. . McCoy ft c/o Carlsbad Development Corporation j oint venture H fling Address Mailing Address P. 0. Box "B" . • P. 0. Box "B" • . City and sat Zip . Te1epior (I City and Stte . Zip • ¶1ephone, Carlsbad, CA 92008 (714)-729-924 Carlsbad, CA 9200W (714) 729-92A2 I CERTIFY THAT ITAM THE 1GPL OWNER AtJD I CEEEY THAT I AM. THE I 31fl{T7E THAT ALL THE ABOVE INFOEMATiON IS . ¶1JE j . AND THAT ALL- THE .(YJE INFORMATION-IS TRUE AND CORRECT ¶10 THE BEST OF MY KNOWLEDGE I AND CORRECT TO THE BEST OF NY KNOWLEDGE I BRIAN SMITH ENGINEERS,INC. .. SIGNA'IUP..... DATE •• •/-j .; I s. ¶1UR - DATE ,.. te A 11 Rec1J& )y 69 FeJ Receiv eipt 1b. ite ApL1caiOr1 Receired- StaJf Ass19md Case iuber -.. 4 If after the that further • APPLICANT: informatiot you have submitted has been rev i ed, it is determined informatio required, you will be so ad Carlsbad Financial Center, a joint venture Name (individual, partnership, joint venture, corporation, syndication) P. 0. Box "B" , Carlsbad, CA 92008 (Phone: (714) 729-9242 Business Address (714) 729-9242 Telephone Number AGENT: BRIAN SMITH ENGINEERS, INC. Name 2656 State Street, Carlsbad, CA 92008 Business Address (714) 729-8981 Telephone Number William M. Morgan and MEMBERS: BilleeT.Morgan 7/_ V4__/y/3 CuiT Name -(individual, partner, joint Home Address venture, corporation, syndication) ,iv 5 4 13 E4-c H Cr9 9o? Business Address Gi Telephone Number Telephone Number Carlsbad Development Corporation Name Home Address P. 0. Box "B", Carlsbad, CA 92008 Business Address (714) 729-9242 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 be relied upon as being true and correct until amended. Applicant BY / Agent, Owner, Partnerd b SLEMENTAL INFORMATION FOP*U• VARIANCE 1) Gross Acres (or square footage, if less than acre). 15,023 scr.ft: 2) Z.arn R1 3) Qeoeral 'Plan Land Use Designation Low-Medium-Density -Residential a 4) 1y 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 o.r to the intended use that do not apply generally to the other property or class of use in the same vicinity and. zone: Because of the nature of the immediate neighborhood, this • P)~qper:Ey must be deveiope A sinqle delux home on the exist ing lot would not relate to the •ighborhood. ' 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 den.ed.to the property in question: The zoning ordinance requires 60' frontage without a variance. This proposed division d07-elopes two lots with 58.46 foot frontage Thèreare several lots with .50.00 foot frontage on bo€h sides of - Ok Avenue in this block. c) Explain why the granting of such variance will not be nateriaily detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located: • This variance will allow iE.building siteswider than some nearby-building sites on both sidpa ot Oak Avenue-_ d) Explain why 'the qrantinq of such variance will not adversel affect the comprehensive general plan: The granting of the variance to allow two lots 'of iegal.rbiif 1.54 feet narrower than s .2ec~ified Jl not be appare,nt unaided eye. - - -- H-. . EXHIBIT "A" LEGAL DESCRIPTION That portion of Tract 119 of Carlsbad Lands, in the City of Carlsbad, County. of San Diego, State of California, according to Map thereof No. 1661, filed in the Office of the County Recorder of San Diego County, March 1,1915, described as follows: Beginning at a point in the center line of Oak Avenue, distant thereon South 55°26'07" West, 467.47 feet from the intersection of said center line of Oak Avenue with the center line of Highland Drive; thence North 34°33'00" West, 168.50 feet; thence North 55 0 26 1 07" East, 116.91 feet; thenbe South 34°33 1 00" East, 168.50 feet to the center line of Oak Avenue; thence along said center line, South 55°26'07" of 116.91 feet to the Point of Beginning. 1-29-82 J. N. 5332 gh 40 L1M* 78-487071 oaim D QU(S1 OF SAFECO TTfl.E INS1JPANCc COMPANY NOV10 &t'O AM'78 DIO COUNTY, CP41. tCORDING NI9UL$TED I 3O AND WW *rCODtD MAIL THIS DECO AND. UNLESS OTHER- Will NWN 511.0W. MAIL TAX STATEMENTS TO NAME Carlsbad Financial Center Aoorn. P. 0. BOX B Carlsbad, Calif. 92008 SURVEY CITY MONUMENT STATE Xii. PRESERVATION L USER FEE Title Order No. IcJ Escrow \o. 1-3809 $10.00 SPAdc AVOVE THu NE FOR RECORDERS USE GRANT DEED The undersigned declares that the documentary transfer tax is ........ and is LI computed on the full value of the interest or properly conveyed, or is computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale. The land, tenements or realty is located in LI unincorporated area city of Carlsbad FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, W. M. MORGAN and BILLEE T. MORGAN, husband and wife, VANFERD M. BECHTEL and PHYLLIS L. BECHTEL, husband and wife, and CARLSBAD DEVELOPMENT CORPORATION, a California Corporation hereby GRANT(S) to CARLSBAD FINANCIAL CENTER, a joint venture, comprised of W.N. Morgan and Billee T. Morgan, husband and wife as joint tenants, as to an undivided 1/4 interest and Vanferd M. Bechtel and Phyllis L. Bechtel, husband and wife, as joint tenants, as to an undivided 1/4 interest and Carlsbad Development Corporation, a California Corporation s to an undivided 1/2 interest the following described real property in the county of San Diego state of California: PARCEL 1: That portion of Tract 119 of Carlsbad Lands in the City of Carlsbad, according to Map thereof No. 1661, filed in the Office of the County Recorder of San Diego County, March 1, 1915, as more particularly described in the attached legal description marked Exhibit "A" comprising two pages. Carlsbad Development Corporation Dated _October _2., 1978 STATE OF A I .I'OR NT A . I ()LNT (W/ kLI , L(--J .. SS. jtfore me, the under suzneit, It Notary Public in and for said Coun' and State, NIronally appeared ___,known tonic to be the per.os whose nam_) CVuubqcribed to the withi,, instrument and acknowledged tha ttlaqexecuted the same Signature of Notary FOR NOTARY SEAL OR STAMP I U. •4.Ai. Arm LOAAIP4E MARTIN arnm IN $Ak DIEGO GO4TV Mp CimNNJ Eii*. Aug. 9. 1162 .r1.s t - - • ,c_p-/cJ -"r-;i Assessor's Parcel No........ MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE: IF NO PARTY SO SHOWN, MAIL AS DIRECTED ABOVE . Street Address City & State frv, I . POOR QUALITY ORIGINAL (S) 4 34.itIt • PAG. 1: . 1310 *4' I I - 4 1' I- - That portion of Tract 119 of Carlshad Lands in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed in the Office of the County Recorder of San Diego County, !larch 1, 1915, lying within the following described boundar": Commencing at a point in the center line of Highland Street, distant thereon North 33059t51h1 West (Record - North 16 °33'00" West), 372.58 feet from the intersection of said center line of Highland Street, with the center line of 0 k Avenue; th.'ncc' South '),)*05'36" West (Rcco:d Soth 55 0 27 1 0(Y: vesi 196.21 feet to the moat Northerly corner of I-md described in deed to Robert . Tiegen, et ux, rerorded .\pril 27, 1960, is File No. 86343 and being rho TRUE POINT OF BlNN1'k ; thence ("ntinuin South 56'05'36" Wear, 271.4'j feet to the most Westerly corner of land described in deed to Robert E. I icgn, etux, recorded June 23, 1967, as File No. 91363; thence a1og the South- Westerly line of said land and the Southeasterly prolongation thereof, South 33 °59'21" East (Record - South 34 °33'00" East), 372.58 feet to the center ithe of said Oak Pvenut'; thence along said center line North 56'05'16" Eist (Record - North 5557'00" East), 116.91 feet to the Southeasterly prolongation of the Northeasterly line of said Tie-en's land last above referred to; thence along said prolongation and said Northeasterly line, North 33 °59'21" West (Record - North 3433'00' West), 165.00 feet to a corner in the boundary of said Tiegen's land first hereinabove referred to; thence along said boundary as follows: North 56'05'36" East (Record - North 5557'00" East), 65.00 feet, North 33'59'21' West (Record - 34'33'00" West, 25.00 feet; North 56'05'36" East (Record - North 55e57'00h Eastj 89.54 feet to Me most Easterly corner of said land; and North 33'59'21" West (Record - North 34'33'00" West), 1e2.58 feet to the TRUE POINT OF BEGINNING. PLRCEL 2: That portion of Tract 119 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed 'A 431 in the Office of the County Recorder of Sin Diego County, March 1, 1915, described as follows: Cosnencing at a point in the center line of Highland Street, distant thereon North 33"59'51" West, 372.58 feet from the intersection of said center line of 1 tighland Street with the center line of Oak Avenue; thence South 5605'36" West, 108.38 feet to the TRUE POINT OF BFX1NINC; thence continuing South 56O5'36" West, 198.89 feet; thence North 3359'51" West, 120.60 feel to a ohit in the are of a 1158.00 foot radius curve concave Southeasterly a radial line of said curve bears North 4411'45" West to said point; thence Northeaat*rly along the arc of said curve through a central angle of 09 °53'44" a distance of 200.00 feet to an intersection with a line that bears North 33 °59'00" West frol the TRUE POINT OF BEClNNUG; thence South 33°59'00" East, 139.24 feet to the TRUE POINT OF B EGINNING. • 4. S • Pale 1 . of 2 'A 229,378 • D-%39l6 i ;4757 • • • •Z1 T' r OFFICIAL SEAL MARY R. HASSEN NOTARY PUBLiC - CAU PRINCIPAL OFFICE IN SAN DIEGO COUNTY My COMMISSIONEXPIRES FEB.2, 1971 'I I ..L . -. 1311 1 if San DtmS sts.i*àjt ornis, according to Map thereof No. 1661, tiled in the Offulk of the Cuaty Recorder of San Diego County, March 1 1915 described cc follows: Beginning at a point in the center line of Highland Street, distant thereon North 33'59'51" West (Record - North 343300' West), 372.58 feet from the 433 intersection of said center line of Highland Street with the center line of Oak Avenue; thence South 56 •05 1 36" West (Record - South 55'27'0(v" West), 307.27 feet to the TRUE POINT OF BINNING; thence from said TRUE POINT OF BEGINNIM, copttrnkng South 36'03'36" West, 100.00 feet to the most Easterly corner of that portion of said Tract 119, conveyed by South Coast Land Company to J. 11. Deardorff and Alice H. Deardorff, his wife, by Deed dated August 12, 1922, and recorded in Boc4 934, Page 259 of Deeds; thence along the Northeasterly line of said land, North 3359'51" West (Record - North 34'33'O0" West), 98.21 feet to • point in the arc of a 1242.00 foot radius curve concave Northwesterly;, a radial line of said point bears South 47'16'36" East; thence leaving said Northeasterly line, Northeasterly along the arc of said curve, through a central angle of 00'56'35" an arc distance of 20.81 feet to a point of reverse curvature with a curve concave Southeasterly and having a radius of 1158.00 feet; thence Northeasterly along the arc of said curve through a tended central angle of 0402'26 an arc distance of 81.66 feet to a point; a radial 543916 ithe to said point bears North 4411'45" West; thence South 3359'51' East, 6757 120.60 feet to the TRUE POINT OF B&;INNIN. STATE0F CALIF RNIA COUNTY F _____________ SS. - V - - - ... before me, the nnuku.iened. a Notary Public in and lor said Count and State. personally appeared IkIre 14 known to me to be the - --President, and - ______ known to me to be Seeretry of the corporation that eea uted the within Instrument, known to we to be the persons who exe(uted the within lui-,triinit-nt on behalf of the corporation therein named. and acm,wkdt'u1 to me that such corporation executed the thin intruinent turuant to its by-laws or a resolution of its hoard of L— FOR NOTARY SEAL ON STAMP Page 2 of 2 CASE NO V-335 DATE RECEIVED: 2 - 16 - 8 2 APPLICANT: CARLSBAD FINANCIAL CENTER BEQUEST: Divide existing parcel for 2 building sites ENVIRONMENTAL EPTOR EXCEPTED: )OAL- Posted: Prior Compliance: Filed: Filed: NEGATIVE DECLARATION:___________________________ Posted: Notice of Determination:________ ENVI L IMPACT REPORT:___________ Notice of Notice of Notice of Preparation: Determination:__________ PLANNIMG COMMISSION 1. Date of Hearing: 2. Publication: J.f - - 3. Notice to Property Owners: 4. Resolution No.) C) 3 _. Date: _-. //-/ - ACTION: (Continued to: 5. Appeal: TY COUNCIL 1. Date of Hearing: 2. Notices to City Clerk 3. Agenda Bill:_________ 4. Resolution No 5. Ordinance . ORRESPONDENCE Staff Report to Applicant -.'_4 9 Resolution to Applicant: Date-.'' ACTION: Date: S