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HomeMy WebLinkAbout1957-10-15; City Council; Resolution 292RESOLUTION NO. 292 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARLSBAD MAKING FINDINGS OF FACT AND DECLARING THE FAILURE OF THE APPEAL OF A LOT SPLIT APPLICATION AND VARIANCE. , WHEREAS ROY ELLSWORTH DRACE and PAULINE DRACE did apply for a variance to allow reduction of lot width from 75 feet to 47.38 feet of a portion of the lot facing on Hillside Drive, with a street frontage of 53.05 feet, on property legally described as Lots 4 and 5, Block "E", Bella Vista, MapNo. 2152; and WHEREAS, the Carlsbad City Planning Commission did publish a legal notice of hearing on August 29, 1957, of a hearing to be held on September 10, 1957 at 7:30 P.M.; and WHEREAS, at said public hearing the said Planning Commission received the recommendations, objections, protests and comments of all individuals and parties who desired to be heard; and WHEREAS, the Carlsbad City Planning Commission adopted Resolution No. 30 on September 10, 1957, approved the lot split as requested; and WHEREAS, the City Clerk of the City of Carlsbad received two petitions for appeal of the decision of the Planning Commission in the above referenced matter, said petitions for appeal being received on or about September 16, 1957; and WHEREAS, on September 19, 1957, the City Council caused to be published a Notice of Appeal of Variance in the Carlsbad Journal, giving notic of a hearing to be held on said appeal on October 1, 1957 at 7:30 o'clock P,m. and WHEREAS, on October 1, 1957 the City Council held a public hearing on said appeal and heard the recommendations, objections, protests and comments of all individuals and parties who desired to be hear; said hearing was adjourned to 7:30 o'clock P.M. on the 15th day of October, 1957; that at said adjourned hearing the hearing was closed and the matter referred to the City Council for their consideration. NOW, THEREFORE, BE IT RESOLVED AND DECLARED that a motion vas made and seconded on the 1st day of October, 1957, to grant the appeal; .hat said motion received two "Yes" votes and two "No" votes; that the Mayor, ts presiding officer, declared the motion to grant the appeal as having Giled :or lack of a majority. BE IT FURTHER RESOLVED AND DECLARED that the City Council ioes hereby adopt as its findings the findings of the Planning Commission in this matter. BE IT FURTHER RESOLVED that for lack of a majority the appeal is dismi s sed . PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the 15th day of October, 1957, by the following vote, to wit: AYES: Councilmen Robinson, Castorena, Ledgerwood and Helton. NOES: None ABSENT: Councilman Baird. of the City of CArlsbad, Carls bad , California ATTEST: