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HomeMy WebLinkAboutV 348; Anderson; Variance (V) (4)f J 1300 Basswood Avenue Carlsbad, Ca. 92008 September 14, 1983 Planning Commi ss i on City of Carlsbad City Hall Carlsbad, Ca. 92008 Dear Corn i s s i oner s : This letter is in reference to the proposed variance to reduce the required rear yard set back from 14' to 7' for a habitable accessory structure at 1264 Basswood Avenue. Ue are here to state our opposition to this proposal. The following is a history of the property at 12611 Basswood. The subject property, which was an empty lot, the property at 1284 Basswood, with an existing house, and ovr property, with an existing house, were derived from one parcel in 1980. We have recently been informed by a neighbor that the original owners of the subject property advertised in the newspaper a lot for sale with a set of city-approved plans for a house and a rear house. A builder-speculator bought the property and the plans and proceeded to build. The builder introduced himself to us and showed us the Dlans for the property. The plans showed a tnical 3 bedroom house in front and a "tool shed" towards the rear of the property. This tool shed was designated as a non-habitable structure and, therefore, did not fall within the guidelines of set back reauirements for R habit- able structure. As construct ion went on, we became increasingly suspicious that two dwellings were being built on a R-1 lot. We were extremely upset with this flagrant violation of zoning and set bsck requirements. The "tool shed" was rouqh plumbed and partion wall framing was erected. At this point we wrote a letter to the building department and further construction on the "tool shed" came to a halt. A copy of the letter is attached. Corso Paqe 2 September 14, 1983 Construction was completed on the front house and the "tool shed" ?.ras stuccoed on the zxterior; however, dry wall was not applied to the interior. put on the market and eventually purchased by PIr. Anrlerson. I want to emphasize that Mr. Anderson purchased the property with the front hmse colrpleted and the tool shed in the rough frame stage. Many options were open to iqr. Anderson as to the developnent of this tool shed: an actual tool shed, workshop, gym, library, study, office, etc., yet he chose to invest his resourses into an uninspected, illegal dwelling. Shortly after he purchased the property, construction resumed on the "tool shed". Many of us in the neighborhood contacted the building department and the planning department, but this did not stop Mr. Anderson from illegally constructing a two bedroom dwelling with a full kitchen and bath and also constructing an illegal patio cover which encroaches on our property line set back; lee., the patio cover is right on the property line. neiqhborhood and the "future problem" and ''unpleasant situat ionn as stated in our letter of November 1980 has now been a reality for the past year. From the inception of this property in 1980, all the owners have been circurmenting the building and zoning laws of the City of Carlsbad: 1) The original owner advertised city-aoproved plans for At this point the house was Needless to say, this has caused alot of tension in the two houses on one lot. 2) The builder circumvented the building inspectors by not building to plan and by designating the building as a tool shed on the plans. The builder maneuvered around the set back requirenent for a habitable structure with the full intention of turninq this structure into an illeqal two bedroom house. The present owner blatently developing this "too1 shed" into a two bedroom house after being inforied by the building inspectors to cease and desist. And, typical of the above disregard for the law, the subject structure has been occupied for the pa.st week. 3) Now that you have a clear history of the facts surrounding this property, I feel that consideration of a variance for this structure would be an outrageous mockery to the planning depart- ment, the building department, and the concerned citiTens of this neiqhborhood. Thank you, "/Joseph{'# &' Joy'ce Corso ./ 1300 Basswood Avenue Carlsbad, Ca. 92009 November 22, 1980 Mr. Tony Mota, Building Inspector City of Carlsbad Carlsbad, ea. 92008 '1200 Elm Avenue Dear Tony: I am writing this letter with the hope of possibly preventing a future problen. The house next door to me und5r construction at 1264 Basswood Avenue consists of two separate structures. The front building Is a typical house while the rmr building, which is called a "tool shed", is obviously a 2 bedroom, 1 bath house with rough plumbing and venting for a kitchen plumbed in. As I understand it, if a kitchen; ie, sink, stove, refrigerator were placed in the "tool shed" this would constitute that building would now be a separate dwelling and then be in violation of the zoning laws for this area. . I am voicing my concern now and hopefully this letter will prevent an unpleasant situation with the present o'mer or future owners. /Joseph J