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Home My WebLink About1992-06-17; Planning Commission; ; DI 92-02 - AVIARA PLANNING AREA LOT 296 (CT 85-35)DATE: TO: FROM: SUBJECT: I. STAFF REPORT JUNE 17, 1992 PLANNING COMMISSION PLANNING DEPARTMENT DI 92-2 - AVIARA PLANNING AREA 13 LOT 2% (CT 85-35] - Request for an appeal of the Planning Director's decision to deny a single family home on Lot 296 of Planning Area 13 in the Aviara Master Plan in Local Facilities Management Zone 19. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 3399 UPHOLDING the Planning Director's decision to deny a single family home on Lot 296 in Aviara Planning Area 13, based on the findings contained therein. 11. PROJECT DESCRIPTION AND BACKGROUND According to Chapter 111, Section B5 of the Aviara Master Plan, each proposal for a custom single family home in Planning Area 13 must be submitted to and approved by the Planning Director prior to submittal of a building permit application. The Planning Director is responsible for checking the proposed custom home's conformance to the applicable development standards and design criteria of the Aviara Master Plan and the Carlsbad Municipal Code including, among other things, building height. On April 1, 1992, the Planning Commission approved a minor amendment to the Aviara Master Plan (MP 177(F)), redefining the maximum building height for the custom single family homes in Planning Areas 13 and 28. The maximum building height for those homes in Planning Area 13 was established at 30 feet to the peak of the roof. The 30 foot height limit was placed in the Master Plan text to provide consistency with recently adopted amendments to the Zoning Ordinance, more specifically Section 21.10.020. Only those items referred to in Section 21.46.020 may protrude above the 30 foot high maximum. Those items include flagpoles, chimneys, and towers that could not provide additional floor space. As shown on Exhibits "D" and "E", dated June 17, 1992, the proposed single family home for lot 296 of Planning Area 13 contains a stair tower that protrudes 4 feet above the allowed 30 foot high maximum building height. The roof area of the tower is over 185 square feet and has the potential of containing a stairway and landing above the second floor elevation. After review of this proposed custom home, it was determined that the proposed tower did not qualify as a permissible protrusion above the height limit and the Plahing Director denied the request. c ' DI 92-2 AVIARA PLANNING AREA 13 LOT 296 (CT 85-35) JUNE 17,1992 N. ENVIRONMENTAL, REVIEW Since the Planning Director review is a ministerial action, the Planning Director has determined that the proposal is statutorily exempt from environmental review per Section 15268 of the State California Environmental Quality Act Guidelines. SUMMARY Given that the proposed custom single family home does not conform to the height limits as defined in the Aviara Master Plan and the Carlsbad Municipal Code, staff recommends that the Planning Commission uphold the Planning Director's decision to deny the proposed development. ATTACHMENTS 1. Planning Commission Resolution No. 3399 2. Location Map 3. Attachment "A", determination letter from Planning Director, dated April 15, 1992 4. Attachment "B", appeal letter from applicant, dated April 21, 1992 5. Exhibits "A'' - I' E It , dated June 17, 1992 MG:h May 4, 1592 SITE 4 City of Carisbad t c April 15, 1992 Paul Klukas 2011 Palomar Airport Road, Suite 206 Carlsbad, CA 92008 SUBJECT: CUSTOM HOME FOR LOT 296, AW PLANNING AREA 13 After review of the preliminary plans for the single family residence proposed for lot 296 in Aviara Point, staff has determined that the structure exceeds the required 30 foot height maximum. The stair tower includes a clerestory that extends 4 feet above the maximum allowed height. Since this area could be converted to habitable space, the tower does not qualify as an allowed protrusion above the recently adopted 30 foot height limit. One set of plans is accompanying this correspondence for your reference. Please feel free to contact the project planner, Mike Grim, at (619) 438-1161, extension 4499, if you have any questions. Sincerely, P MICHAEL, HOLZMImR Planning Director Attachment C: Robert Green Brian Hunter MG:h PA13Cust.Lu 20- . !-as Palmas Drive - Carlsbad, California 92009-1576 (61 9) 438-1 161 Attachment IIBII AVIARA April 21, 1992 Mr. Mike Holzmiller City of Carlsbad 2075 Las Palmas Carlsbad, CA 92009 RE: Letter of Appeal: Custom Home Lot 296 - Aviara Dear Mike: We are in receipt of your letter of April 15 in which you state your determination that the structural height of a proposed single-family home on the above referenced lot exceeds the allowable height restriction for the area. Enclosed with this letter is the $1 10.00 processing fee to appeal this decision to the Planning Commission. As I understand it, although Code section 21.04.065 (a)(4) allows a variety of architectural features to protrude above the height limit, you have determined that the proposed structure's architectural tower could be converted to habitable space without the City's knowledge, and as such does not qualifi as an allowed protrusion. In an effort to eliminate any misunderstanding there may be regarding the proposed design, I would like to reiterate the following points: The proposed architectural tower is a clearstory which, in addition to comtituticg L: substantive elcmezt cf the prcposcd hlediterrmsan architecture, allows light from a series of small upper windows to travel down to the stairwell and entry foyer. There is only one staircase in the structure. That staircase runs from the 1st floor to the 2nd floor. There are no stairs up to the area you are suggesting could be converted to habitable space. To add floor (habitable) area to the upper tower area, an additional staircase would have to be constructed, and a circular floor constructed at the top of this staircase. These additions, particularly construction of the floor, would, by any measure be a difficult structural achievement after the fact. 2011 PALOMAR AIRPORT ROAD SUITE 206 CARLSBAD. CALIFORNIA 92009 (619) 931-1190 F~x:(619) 931-7950 Mr. Mike Holzmiller April 21, 1992 Page 2 D) Any additional habitable space could only net about 100 square feet (with a very low ceiling). The proposed home already exceeds 4,400 square feet in area (without garage). It is certainly not likely that an owner would desire awkward, expensive additional floor area. The proposed structure already possesses an expansive golf course, lagoon abd ocean view. Any additional view one could achieve from the tower would be minimal. E) The tower is only as high as necessary to provide 2-foot high windows for light. In addition, as you can imagine, we believe that the tower adds interest, character and relief to the elevation. The design was a product of an architectural competition involving more than 100 of California’s best architects, and is a strong example of the architecture encouraged in the Aviara Design Guidelines, approved by your office. The tower is situated in the center of the structure, surrounded by a variety of roof heights and angles. It will in no way obstruct any adjacent views. We have concluded that reducing the architectural tower height by four feet would be destructive to the architecture of the structure. I hope the Planning Department will reconsider its denial of the tower element. If not, please schedule this appeal for the earliest possible Planning Commission hearing. I have enclosed 10 sets of folded plans for your distribution to the Commission. Sinsrely, Paul J. Klukmw Director of Community Planning PJK/er cc: Gary Wayne Mike Grim