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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 0 Q 0 0 0 0 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) 4 -% /M -Gar., b-ess{h Gay,. lu MAILING ADDRE~S MAILING AODR~SS as57 tc\,h(qhJ b'w, C*rlsk& Cn 9-F 734m dqq7 EITY AND STATE LJ ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE 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. 'ccc &NATURE DATE SIGNATURE DATE 7) BRIEF LEGAL DESCRIPTION h rntf&~~-397Pisi~W p4'Fkl14;isa t(@sjPlYQa 0. 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 $UBM~b~PAIORTO'rC!OO P.M. I Form 16 PAGE 1 OF 2 431 5769 F).Q3/@4 JHI l-U.5-1'++~; it,: 1-15 1- I r IIIF CHPLSB~D - - B) LOCATION OF PROJECT: (NORTH, SOUTH, EAST. WEST) (NAME 6)F STREET) BETWEEN 1-1 (NAME OF STREET) 91 LOCAL FACILITIES MANAG€MENT ZONE 71 101 PROPOSED NUMBER OF LOTS 13) TYPE OF SUBDIVISION 14) PROPOSED IND OFFICE/ 15) PROPOSCP COMM 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 21) PROPOSEP GENERAL 22) EXISTING ZONING 24) ' IN THE PROCESS OF RWIWING THIS APPtlCATlON IT MAY BE NECESSARY FOR MEM8ERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMEBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. INVE CONSENT FOR CITY USE ONLY FEE COMPUTATION TOTAL FEE REQUIRED DATE FEE PAID RECEIPT NO. orm 16 -<IT': OF CfiRLSRRP A- 7ECI 431 5769 P.04/04 JUSTIFICATION FOR VARIANCE By law a Variance may be approved only if certain facts are found to exist. Please read these requirements carefully and explain how the proposed project meets each of these facts. Use additional sheets if necessary. 3. Explain why the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the prcg~islnx~: rP 45 <Ipif$ 4Gfi+y & PA 3 tl+ Y s 4 @? JJ \ Ud &-e h\tL+ nnth 0 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 I 4 -- 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. -- 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.