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Home My WebLink AboutV 97-02; Mann Residence; Variance (V)CITY OF CARLSBAD LAND USE REVIEW APPLICATION APPLICATIONS APPLIED FOR: (CHECK BOXES) Administrative Permit - 2nd Dwelling Unit Administrative Variance Coastal Development Permit Conditional Use Permit Condominium Permit Environmental Impact Assessment General Plan Amendment Hillside Development Permit Local Coastal Plan Amendment Master Plan Non-Residential Planned Development Planned Development Permit (FOR DEPARTMENT 7 Planned Industrial Permit Planning Commission Determination Precise Development Plan Redevelopment Permit Site Development Plan (FOR DEPARTMENT 7 F I Special Use Permit Specific Plan Obtain from Engineering Department Tentative Tract Map L. Variance Zone Change P List other applications not .. I specified 2) ASSESSOR PARCEL NOIS).: I c. 1$.263 - 3) PROJECT NAME: W1LLIAM WPNU 5) OWNER NAME (Print or Type) 1 W~tiAw )-. WAMN 6 APP I ANT N ME (Print or Type I W*d do'61LApy Aa&r-1(7&3 I&. MAILING ADDRESS I 2761 DcEbN*T CITY AND STATE 7) BRIEF LEGAL DESCRIPTION NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:OO P.M. Form 16 PAGE 1 OF 2 LOCATION OF PROJECT: 23m OcXsiN 5.f' STREET ADDRESS BETWEEN I0tw4 AND ICHRaSTIRhl5W Wy. LOCAL FACILITIES MANAGEMENT ZONE I 1 1 v WOA- I I Ill' PROPOSED NUMBER OF LOTS 575- TYPE OF SUBDIVISION PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE GROSS SITE ACREAGE NUMBER OF EXISTING 12) PROPOSED NUMBER OF 171 RESIDENTIAL UNITS I 1 I RESIDENTIAL UNITS I I 15) PROPOSED COMM INbA '1 SQUARE FOOTAGE PROPOSED IND OFFICE/ SQUARE FOOTAGE 18) ~AESFEEWER PROPOSED INCREASE IN ADT EXISTING GENERAL PLAN PLAN DESIGNATION Fl 21) PROPOSED GENERAL I R.31 23) EXISTING ZONING I WI PROPOSED ZONING IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMEBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT FOR CITY USE ONLY FEE COMPUTATION RECEIVED AUG 19 1997 CITY OF CARLSBAD PLANNING DEPT. DATE STAMP APPLICATION RECEIVED DATE FEE PAID Form 16 I g c P?77 RECEIPT NO. PAGE 2 OF 2 . DISCLOSURE STATEMENT Applicant’s statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information must be disclosed: 1. 2. 3. 4. APPLICANT List the names and addresses of all persons having a financial interest in the application. <&eCSBW, C&. 7w& OWNER List the names and addresses of all persons having any ownership interest in the property involved. 4v/Lc/A& c. m /&A/# 2701 cce. sfi aeUt3~. cA If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. @ 2075 Las Palmas Dr. - Carlsbad, CA 92009-1 576 - (61 9) 438-11 61 - FAX (61 9) 438-0894 -. i 5. Have you had mo12 than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (1 2) months? Yes a No If yes, please indicate person(s): ny int venture, association, social club, fraternal organization, corporation, estate, tru icate, this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." NOTE: Attach additional sheets if necessary. U/L&&Aq L MWJV AWRION 23. oisuL3y Print or type name of owner Print or type name of applicant c Disclosure Statement 10/96 Page 2 of 2 PROJECT DESCRIPTIONIEXPLANATION Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: I. CONSOLIDATION OF LOTS 28 & 29 AND RECORD A 20’ VIEW CORRIDOR EASEMENT IN LIEU OF EXISTING 20’ VIEW CORRIDOR LOT. 2. ADDITION TO EXISTING RESIDENCE, ADD 653 SF OF LIVING AREA AND 110 SF OF GARAGE TO THE EXISTING RESIDENCE. 3. LANDSCAPING TO BE CLEANED UP AND AUGMENTED. 4. DECK STEPS FROM MAIN LEVEL TO LOWER LEVEL TO BE REBUILT. JUSTIFICATION FOR VARIANCE NO. CDP 97-23 MA" RESIDENCE ADDITION The following Justification for Variance is submitted pursuant to List of Items Needed, Planning: 3. Variance application as Section 21.82.050 limits any "...re- constructed, altered or enlarged residential structure. .." to two stories. 9. Variance application as per Carlsbad Municipal Code Section 21.44.130(2)(B) all double car garages shall have minimum di- mensions of twenty feet by twenty feet as measured from the interior wall edges of the garage. By law the Local Agency shall approve a Variance only if certain Findings of Fact are known to exist. These Findings of Fact just- ify the granting of Variance. A Variance is justified for the proposed Mann residence addition based upon: 1. There are exceptional and extraordinary circumstances and conditions applicable to the property that do not apply generally to other property and class of use in the same vicinity and zone. A five foot (5') in width beach access exists along the southerly edge of the Mann property. A twenty foot (20') view corridor exists along the southerly edge of the property. These encumbrances are exceptional and extraordinary, and do not apply generally to other property and class of use in the same vicinity and zone. Further, the Mann property is the transitional lot on Ocean Street for both easterly and westerly setbacks. Northerly of the Mann property, the easterly (Ocean Street) setbacks approximate twenty feet (20f), while southerly, garages are set at the edge of right-of-way. Westerly (rear yard) setbacks are approximately twenty feet (20') greater for the Mann property and lots northerly thereof, than for lots to the south. No other property in this zone and vicinity posseses such extraordinary circumstances or conditions, thus necessitating the granting of the requested Variance. 2. 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. The right to quiet enjoyment is a right of long standing in residential zones. The applicant is entitled to quiet enjoyment of his property. Such quiet enjoyment is not possible due to the existing beach access and required View Corridor. The requested floor plan re- visions to ensure such quiet enjoyment (privacy) necessitate maintaining the existing roofline, contrary to Sec. 21.82.050, which, while being two stories on the east (Ocean Street) side, is three stories on the west side. The grant- ing of such Variance will not extend a special privilege to -1- CDP 97-23 Mann Variance Page Two of Two the applicant, since the majority of homes in this block currently enjoy the three story height limit on the west side. Given the current setback requirements in the applicable zone, the 'applicant cannot both comply with the setbacks and comply with the twenty foot (20') interior dimensions for a double car garage. A reduction in interior demension from twenty feet (20') to nineteen feet is inconsequential, and is certainly in the best interests of the City to re- quire adequate covered offstreet parking for single family dwellings. mental to the public welfare or injurious to the property or improvements in this vicinity and zone. In fact, the grant- ing of this variance will prove beneficial to both public welfare and property and improvements in the vicinity, The applicant will construct the proposed View Corridor (see attached Elevation for particulars), a substantial public benefit. The building setback to the south of the Mann residence will greatly exceed other setbacks in the same zone and vicinity as well as that which the Zoning Ordinance requires. The height will not exceed that of adjacent or nearby residences. The building bulk will be harmonious with adjacent and nearby residences, and less than some. comprehensive general plan. The City of Carlsbad General Plan is long range and comprehensive. As such, it is not site specific. The applicant proposes no change in either use or density of the property. The site has been, and will remain, consistent with the General Plan, and all its elements. 3. The granting of such variance will not be materially detri- 4. The granting of this Variance will not adversely affect the LOT CONSOLIDATION . 'PLAT PREPARED BY: i i i i APPROVED BY: SCALE: 1" =50' ALLAN COOPER DATE R.C.E. 16685 LIC. EXP DATE:6-30-99 LEGEND ( :I INDICATES RECORD DATA PER MAP 1221 INDICATES FOUND AS NOTED LLOYD B. HUBBS DATE R.C.E. 23889 LIC. EXP DATE:I 2-31 -97 8,' (.. COOPER ENGINEERING ASSOCIATES CIVll?&t4G$tEERIHG Wffi WID SIRWING 8369 VlcwlS STREET, SUITE C SPN DlEUL CALIF[RNIA 92111 A P"E1619) 277-0441 /APPLICANIS: WILLIAM C. MANN 0 EXHIBIT " B" 50 100 150 ADJUSTMENT' PLAT - CITY OF CARLSBAD SHEET 2 OF 2 ADJ. NO. A.P.N. 203-1 40-3C 203-1 40-31