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HomeMy WebLinkAboutV 98-01; Nessim Residence; Variance (V) (12)F- A 1200 ELM AVENUE CAR LS BAD, CALI FO RN I A 92008 Office of the City Clerk DATE : May 15, 1998 TO : Bobbie Hoder, Planning Dept. FROM : Karen Kundtz, Clerk's Office RE : V 98-01 - Nessim TELEPHONE (619) 434-2808 THE ABOVE ITEM HAS BEEN APPEALED TO THE CITY COUNCIL. According to the Municipal Code, appeals must be heard by the City Council within 30 days of the date that the apped was filed. (REMINDER: The item will not be noticed in the newspaper until the agenda bill is signed off by - all parties.) Please process this item in accordance with the procedures contained in the Agenda Bill Preparation Manual. If you have any questions, please call. The appeal of the above matter should be scheduled for the City Council Meeting of Signature Date c APPEAL FORM I (we) appeal the decision of the to the Carlsbad City Council. PMING c*mIssIoN Date of Decision you are appealing: 6, 1998 Subiect of Amed: BE SPECIFIC Examples: if the action is a Ci Engineer's Decision, please say so. If a project has multiple elements, (such as a General Plan Amendment, Negative Declaration, Specific Ptan, etc.) please list them all. If you only want to appeal a part of the whole action, please state that here. ~ A resolution of the Planning Commission of the City of Carlsbad, California, denying a building height variance on property generally located at the ,ld+ xi~i:'L-s, ', irU~ LIS- 'JI. UdI.C'j'-'?.V VL-LLL em northwest corner of Carlsbad Villz:aEfCe ana" &hland Drive in Local Facilities management zone 1. Case No: V 98-01 - e. 9 1 .1 -.*-,- ' Reasonls) for ADDd: 0 Please Not. Flrflurs to spe&fy a reason may result in denial of tho appeal, and you will be limited to the grounds stated hero when presenting your appeal. BE SPECIFIC How did the decision maker err? What about the decision is inconsistent with state or local laws, plans, or policy? See attached page. .- &I--- - Cjary Nessim NAME (please print) DATE I' May 15, 1998 (760) 434 2778 PHONE NO. 2987 Highland Drive ADDRESS: Street Name i3 Number Carlsbad, CA 92008 City. State, Zip Code 1200 Carlsbad Village Drive - Carlsbad. California 92008-1 989 - (61 9) 434-2808 @ Reasons for Appeal: The finding of the Planning Coxhission is in error for the following reasons; I. There are exceptional and extraordinary circumstances applicable to this property. This is the only property in Carlsbad with a three story building of this type. This building was created when property was subject to condemnation proceedings. The condemnation of a portion of the property reduced it's size, elevation, and created a more difficult to deal with lot configuration. There is only one potential safe driveway access due to the lots' narrow width and presence of Carlsbad Village Drive, Traffic controls, utility poles, and bus stops. In addition the property has a slope maintenance easement bordering Carlsbad Village Drive fbrther narrowing the distance in whch to deal with the IO' slope across the property. The existing three story structure was moved to it's present location in 1960 to preserve it's height and view following Condemnation of a portion of the lot. The existing one story home violated setback ordinances immediately upon condemnation as the street was located too close to the extended Carlsbad Village Drive. This home was relocated to the west end of the property to conform the city ordinances and make room for renovation of the three story structure. These plans were permitted before changes to the building height ordinances in 1994. 2. The variance is necessary for completion of the previously approved and permitted home which was substantially higher than the proposed plan. This is a substantial property right and preservation of the existing ocean view to any property is vecy valuable. Other properties in the area have similar elevation due to the slope to the property which was taken fiom this property by condemnation previously. HstoricaIly the city has allowed projects with ongoing improvements during code revisions to retain their previously existing dimensions and this applicant has reduced all unessential elements in an attempt to conform as close as possible to the new ordinances. The driveway uses so much of the open space, expansion of the footprint further is not feasible. The granting of the 1997 permit for the most recently compieted three story stair tower, which is the tallest portion of the proposed remodel, clearly led the applicant to believe the balance of submitted plans would be permitted. At this time denial of the variance for the existing three story building and its previously approved architectwal design would have a significantly negative aesthetic and financial impact on the property owner, who has invested approximately $1 OO,OOO in actual imprivements. 3. The plans are clearly beneficial to the surrounding neighbon who have expressed their I- .. approval of the renovation performed thus fk. Several neighbors have been waiting to build on their properties for the applicant to complete my remodel thus increasing their property values. The proposed expansion of the building is no taller than the existing building. The third story expansion is done within the existing buildmg height and goes out from the building in a westerly direction which would have no additional impact on the adjacent neighbors ocean view. The proposed property is clearly more aesthetically pleasing than the existing structure. It was not necessarily the intent of the 1994 Building Height revision to be retroactive to existing buildings. No notice was ever given to this property owner during the ordinance review process and the ordinance clearly would apply to very few existing three story residential buildings in CarlSbad. 4. This variance conforms to the General Plan in that the proposed expansion and renovation would significantly aesthetically improve the existing structure and the final result would be a Victorian themed residence conforming to the height limits of the cmnt zoning regulations. ACCOUNT NO.