HomeMy WebLinkAbout1974-03-19; City Council; Resolution 33812(
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RESOLUTION NO. 3381
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, GRANTING
A VARIANCE TO INCREASE THE MAXIMUM PER-
MITTED ENCROACHMENT INTO A REQUIRED YARD FROM TWO FEET TO 6.5 FEET ON PROPERTY GEMERALLY LOCATED NORTHERLY OF AND ADJACENT
TO NAVARRA DRIVE AT ITS WESTERLY-MOST EX-
TENSION. APPLICANT: STANLEY PRAVER V-234
WHEREAS, pursuant to the provisions of Title 21 of the
Carlsbad Municipal Code, the Planning Commission did on December 1:
1973 and January 8, 1974, hold a duly noticed public hearing to
consider a request for a variance to increase the maximum permittec
encroachment into a required yard from two feet to 6.5 feet on
property generally located northerly of and adjacent to Navarra
Drive at the westerly-most extension of Navarra Drive, and more
particularly described as:
Lot 2 of Carlsbad Tract 72-33, in the City of Carlsbad, County of San Diego, State of Cali- fornia, according to Map thereof No. 7594,
filed in the Office of the County Recorder of
San Diego County on April 4, 1973; and
WHEREAS, said application has complied with the require-
ments of the City of Carlsbad Environmental Protection Ordinance
of 1972 and has been declared to have a nonsignificant impact on
the environment; and
WHEREAS, at the conclusion of said hearing the Planning
Commission by the adoption of Resolution No. 1031 did deny the
variance: and
WHEREAS, on February 5, 1974 the City Council considered
3n appeal by the applicant of the Planning Commission's action
snd voted to return the matter to the Planning Commission for a
report; and
WHEREAS, the Planning Commission's report to the Council
dated March 4, 1974 has been received and considered;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad as follows:
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1. That the above recitations are true and correct.
2. The variance from the requirements of Section 21.46.120
of the Municipal Code is hereby granted, authorizing an increase
in the maximum permitted encroachment into a required yard from
two feet to 6.5 feet for property as described herein.
3. That the City Council finds the following facts and
reasons to exist which makes the approval of said variance neces-
sary to carry out the provisions and general purpose of Title 1
of the Carlsbad Municipal Code:
(a) Through an inadvertent construction error an ex-
tensive structure has been already constructed on the site and a
strict enforcement of provisions of the code will necessitate
major reconstruction at tremendous cost to the applicant.
(b) The intrusion into the yard will not adversely
affect any other property in the area.
(c) The variance will not adversely affect the Com-
prehensive General Plan.
4. That Variance No. V-234 as described herein is granted
subject to the following conditions:
(a) The approval is granted for the land described
in the application and any attachments thereto, and as
shown on the plot plan submitted labeled Exhibit A.
(b) Unless the construction of the facility or
structure is commenced not later than one year after the
date the approval is granted and is diligently pursued
thereafter, this approval will automatically become null
and void.
(c) Any minor change may be approved by the Planning
Director. Any substantial change will require the filing
of an application for an amendment to be considered by
the Planning Commission.
(d) All requirements of any law, ordinance or regula-
tion of the State of California, City of Carlsbad, and
any other governmental entity shall be complied with.
(e) Prior to obtaining a building permit and within
thirty days hereof the applicant shall file with the
Secretary of the Planning Commission written acceptance
of the conditions stated herein.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
2.
Carlsbad City Council held on the 19th day of March , 1974,
by the following vote, to wit:
AYES: Councilmen Frazee, Chase, and Lewis.
Councilman McComas NOES:
ABSENT: None
ATTEST :
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