HomeMy WebLinkAboutV 98-01; Nessim Residence; Variance (V)I 760 431 5769 P.02104 JAN-QS- 1938 1 E,: 04 . - (I I Ti' I3F IXRLSRFID
CITY OF CARLSBAO
LAND USE RWlW APPLICATION
1) APPLICATIONS APPLIED FOR: KHECK BOXES)
Administrative Permit - 2nd
Dwelling Unit
Administrative Variance
Coastal Development Permit
Conditional Use Permit
Condominium Permit
Environmental Impact
Assessment
General Plm Amendment
Hillside Development Permit
Local Coastal Plan Amendment
Master Plan
Non-Residential Planned
Development
Planned Development Permit
(FOR DEPARTMENT
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0
0
0
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Planned lndustriai Permit
Planning Commission Determination
Precise Develuprnent Plan
Redevelopment Permit' '
Site Devetopment Plan
Speclal Use Permit
Specific Plan
Obtain from Enginorring Department
Tentative tract Map
(FOR DEPARTMENT I
1-1 List other applications not 1-
2) ASSESSOR PARCEL NO(S1.: ISU 6g( Pw~w (4
3) PROJECT NAME: 9
4) BRIEF DESCRIPTION Of PROJECT: Fyil
5) OWNER NAME (Print or Type) 6) APPLICANT NAME (Print or Type)
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CCRTIPY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CEATIN THAT I AM THE LEGAL REPRESENTATIVE OF THE NFORMATION IS T TO THE BEST OF MY OWNER AND THAT ALL THE ABOVO INFORMATION IS TRUE AND (NOWLEDGE. CORRECT TO THE BEST OF MY KNOWLEDGE.
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&NATURE DATE SIGNATURE DATE
7) BRIEF LEGAL DESCRIPTION h rntf&~~-397Pisi~W p4'Fkl14;isa t(@sjPlYQa
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JOTE ;A PROPOSED PROJECT REQUIRING MULTIPLE' APPLICATIONS BE FnEDt1MU5T:BE~Wh'lTEO PRIOR 70 3:30 'PM.
L PROPOSED PROJECT RECIUIRING' ONLV'BNE APPLICATION BE FILED, MUST BE $UBM~b~PAIORTO'rC!OO P.M. I
Form 16 PAGE 1 OF 2
431 5769 F).Q3/@4 JHI l-U.5-1'++~; it,: 1-15 1- I r IIIF CHPLSB~D - -
B) LOCATION OF PROJECT:
(NORTH, SOUTH, EAST. WEST)
(NAME 6)F STREET)
BETWEEN 1-1
(NAME OF STREET)
91 LOCAL FACILITIES MANAG€MENT ZONE 71
101 PROPOSED NUMBER OF LOTS
13) TYPE OF SUBDIVISION 14) PROPOSED IND OFFICE/ 15) PROPOSCP COMM
16) PERCENTAGE OF PROPOSED
PROJECT IN OPEN SPACE
19) GROSS SITE ACREAGE 21) PROPOSEP GENERAL
22) EXISTING ZONING
24) ' IN THE PROCESS OF RWIWING THIS APPtlCATlON IT MAY BE NECESSARY FOR MEM8ERS 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. INVE CONSENT
FOR CITY USE ONLY
FEE COMPUTATION
TOTAL FEE REQUIRED
DATE FEE PAID RECEIPT NO.
orm 16
-<IT': OF CfiRLSRRP A- 7ECI 431 5769 P.04/04
JUSTIFICATION FOR VARIANCE
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.
3. 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
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4. Explain why the granting of such vdriance will not adversely affect the comprehensive general plan: N /A
FRMO004 5/96 Page 5 Of 5
TOTRL P. 84
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V 98-0 1 - NESSM RESIDENCE
REOUIRED FINDINGS
, 1. That there are exceptional or extraordinary circumstances 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, in that;
a. The existing structure itself is extraordinary in being the only three story
building of this type in Carlsbad. Compatible and harmonious architecture,
which would allow for an enlargement of the home a size commonly enjoyed
by others, would dictate a three story design. As requested, the design
complies with the overall height restriction and no precedent would be set, in
that this is the only such structure in Carlsbad.
b. The property is exceptional in that it is constrained by sloping topography,
road condemnation proceedings that reduced the size and buildable area of the
lot, traffic controls and a slope maintenance easement due to its proximity to
Carlsbad Village Drive, utility poles and a bus stop. These constraints
severely restrict the area of possible expansion
c. The location of the home is exceptional in that it is along a main
transportation corridor, is in a transitional zoning area directly adjoining, and
physically relating to, professional, commercial and other non-residential uses
including the library, city hall, fire station, a day-care center and a church. A
unique architectural treatment is appropriate in a transitional area and would
not adversely impact a residential neighborhood
d. The location of the home is exceptional in that it in an area of sloping
topography which affords views of the ocean. In order to be sensitive to these
exceptional view corridors and to not obstruct the views of neighboring
properties, the expansion is designed to be contained within the southern and
northern limits of the current building envelope. The expansion is proposed
for the back of the home, in an area of sloping topography. Confining the
expansion to an envelope that does not interfere with the view corridors
significantly constrains the buildable portion of the lot.
V 98-01 - NESSIM RESIDENCE
page 2 of 3
2. That the requested 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, in that;
a. The right to modernize, improve and expand the livable portion of the home is
a substantial property right that has been exercised by many in the same
vicinity and zone. Due to the exceptional and extraordinary circumstances
and conditions described above, the subject property is denied those same
rights.
b. A building permit to make a similar and taller expansion was previously
granted prior to the change in the height ordinance. That permit lapsed. A
second permit was then granted to construct a three story stair tower, without
a variance, while the current ordinance was in effect. Mr. Nessim was led to
believe by staff that the additional expansion would be permitted provided
that the overall height was lowered to 30 feet. Relying on these assurances
and permits, Mr. Nessim invested over $100,000 in property renovations,
plans and plan revisions. Having been previously granted a permit for a 3
story addition since the change in ordinance, denying him the same now
would deny him a right previously enjoyed and be inconsistent with the
precedent already set.
c. Other properties can and have enjoyed the right to build to a height of three
stories without a variance. Permission was recently granted to a property on
Jefferson to build three stories, without a variance, under the provisions of the
hillside development regulations. The proposed expansion adheres to the
same principles of design of view preservation and massing.
3. Tbat the granting of this variance would not be materially detrimental to
the public welfare or injurious to the property or improvements in the
vicinity and zone in which the property is located, in that;
a. Allowing the completion of the renovations would be a visual enhancement to
the neighborhood. The property is in a highly visible location near many
public facilities. The work performed to date has vastly improved the
appearance of the home. Completion of the construction proposed would
benefit the public, improve the property value and the aesthetics of the
neighborhood. Neighbors of the property support this viewpoint.
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V 98-01 - NESSM RESIDENCE
page 3 of 3
4. That the granting of the variance will not adversely affect the General Plan, in
that;
a. The Policies and Action Programs of the Land Use Element of the General
Plan requires “review of the architecture of buildings with the focus on ensuring
the quality and integrity of design”. The three story expansion preserves the
integrity of the existing architecture.
b. The Land Use Element of the General Plan mandates congruence with the
Local Coastal Plan which sets as a goal maintaining coastal view corridors.
While the subject property is not within the coastal zone, the underlying
principles of the Land Use Element call for “balancing urban land uses with
environmental features”. Granting the variance as requested would enable the
expansion of the property, through sensitive design, without encroachment into
the view corridor.