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HomeMy WebLinkAboutCUP 15; Carlsbad Raceway; Conditional Use Permit (CUP) (25)APPEAL FROM OmER OR RESOLUTION GRANTING CONDITIONAL USE PERMIT To: The Honorable City Council of the City of Carlsbad, Carlsbad, California. The undersigned, James L. Kintz, is an attorney-at-law with offices at 221 Broadway, Vista, California, and hereby files this appeal from an order or resolution of the Planning Commission of the City of Carlsbad granting a conditional use permit for the construction and operation of a drag strip. The undersigned represents and files this appeal on behalf of the following-named opponent appellants all of whom own real property or interests in real property in San Diego County, California, situ- ate within the area to be immediately effected by the granting of said conditional use permit, to-wit: 1. Russell L. Thibodo 2. Margaret J. Thibodo 3. Roger L. Meisinger 4. Marilyn F. Meisinger 5. Gordon Frazar 6. Donald Frazar 7, Robert Frazar 8. Marie Antoinette Carrillo, as co-executrix and co- trustee of the will and trust of Leo Carrillo, deceased, respectively. Kay Kalicka, deceased. 9. Beverly Kalicka, as administratrix of the estate of I This appeal is made on behalf of the above-named appellants pursuant to Section 1809 of Article 18 of “The Zoning Ordinance”, Ordinance No. 9060 of the City of Carlsbad, I1 Planning Commission of the City of Carlsbad made pursuant to an application filed by the BELSCPW, RUBEL and SANDRU Investment Com- panies as owners for a conditional use permit to allow the con- struction of all facilities for a drag strip and for operations relative thereto upon certain real property in the City of Carlsbad consisting of approximately 133.94 acres located two (2) miles East of the Palomar Airport and North of the Palomar Airport Road which said real property is more particularly described in said application to which reference is made for further particulars. This appeal is from that certain order or resolution of the I11 This appeal is made upon each and all of the following grounds: (A) That the order or resolution purporting to grant said conditional use permit was not regularly and legally made and adopted by the Planning Commission. (B) That the order or resolution purporting to grant said conditional use permit was invalid, illegal and ineffective in that no formal resolution announcing its findings and reciting the facts and reasons which, in the opinion of the Planning Commission, made the granting of the conditional use permit necessary to carry out the provisions and general purposes of The Zoning Ordinance was announced within twenty following the termination of the proceedings of the public hearing as is required by Section 1806 of Article 18 of The Zoning Ordinance. (20) days (C) That the granting of said conditional use permit is not necessary to carry out the provisions and general purposes of The Zoning Ordinance and is, in fact, contrary to the stated purpose of a conditional use permit as set forth in Section 1804 of Article 18 of The Zoning Ordinance. (D) was arbitrary and contrary to the public good, interest and welfare. That the granting of said conditional use permit (E) That appellants believe that the granting of said conditional use permit will: (1) Cause a serious depreciation in property valua- tions in the area; (2) Cause loss of tax revenues; (3) Cause a serious delay in the logical development of the area to its highest and best use; (4) Create a serious and expensive police problem: (5) Very probably have the result of allowing the creation of a public and private nuisance. Wherefore, it is respectfully prayed that after due notice given and proceedings had the purported order or resolution of the Planning Commission in granting or adopting said order or resolution granting said conditional use permit be reversed. Dated: November 20, 1963. Respectfully submitted, Vista, California 9 Telephone 724 2362 Attorney for, and on behalf Of, the following named appellants: Russell L. Thibodo Margaret J, Thibodo Roger L. Meisinger Marilyn F. Meisinger Gordon Frazar Donald Frazar Robert Frazar Marie Antoinette Carrillo, as co-executrix and co-trustee of the will and trust of Leo Carrillo, deceased, respectively. Beverly Kalicka, as administratrix of the estate of Kay Kalicka, deceased.