HomeMy WebLinkAboutV 98-01; Nessim Residence; Variance (V) (5)February 18, 1998
Mr. Gary Nessim
2987 Highland Dr.
Carlsbad, CA 92008
SUBJECT: V 98-01 - NESSIM RESIDENCE
Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning
Department has reviewed your Variance application no. V 98-01, as to its completeness for
processing.
The application is complete, as submitted. Although the initial processing of your
application may have already begun, the technical acceptance date is acknowledged by the
date of this communication. The City may, in the course of processing the application,
request that you clarify, amplify, correct, or otherwise, supplement the basic information
required for the application. In addition, you should also be aware that various design
issues may exist. These issues must be addressed before this application can be scheduled
for a hearing. The Planning Department will begin processing your application as of the
date of this communication.
Please contact your staff planner, Michael Grim, at (760) 438-1 161, extension 4499, if
you have any questions or wish to set up a meeting to discuss the application.
Sincerely,
MICHAEL J. HOL~MILLER
Planning Director
Attachment
MJH:MG:rnh
C: Gary Wayne
Dennis Turner
Clyde Wickham
Bobbie Hoder
File Copy
Data Entry
Planning Aide
2075 Las Palmas Dr. - Carlsbad, CA 92009-1 576 - (760) 438-11 61 - FAX (760) 438-0894 @
ISSUES OF CONCERN
NO. V 98-01 - NESSIM RESIDENCE
Planning:
1. The proposed structure appears to include three stories, which is not consistent
with the two story maximum in the R-I, Single Family Zone. The three stories
consist of the lower level den, the main level sitting and dining rooms, and the upper
level study and covered outdoor deck. Since there is a ceiling above each of these
levels, they are considered stories according to Section 21.04.330 of the Zoning
Ordinance (copy attached).
As discussed with City staff, one of the methods to reduce the number of stories
would leaving the upper level study as clear space, open to below, and remove the
covering on the upper level deck. The clear space would need to be constructed
without any structural spans across the clear area to preclude adding flooring at a
later date. Both the upper lever study and deck would need to be adjusted to
eliminate the third story.
2. With regard to the variance request, staff cannot support the variance because we
cannot identify any exceptional or extraordinary circumstances. The only unusual
aspect of the property is the existence of the non-conforming, three-story structure.
The site does not contain the degree of slope possessed by other lots that have
received building height variance (such as along Ocean Street, adjacent to the
ocean). The proposed three story structure is not necessary for the structure to
access the street or for the preservation and enjoyment of any other substantial
property right. Since one of the primary purposes of the 1991 Building Height
Revisions (ZCA 91-03) was to reduce the mass and size of single family and duplex
structures, granting of the variance could be detrimental to public welfare and cause
a precedent that conflicts with the goals and intent of the 1991 Building Height
Revisions.