HomeMy WebLinkAbout1975-05-20; City Council; Resolution 36471
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RESOLUTION NO. 3647
A =SOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING
FINDINGS, GRANTING AN APPEAL OF A PLANNING
COMMISSION DECISION, AND APPROVING A VARIANCE
(V-246) FOR CREATION OF A PANHANDLE LOT AT
4145 SUNNYHILL. APPLICANT: CLARENCE HALL
(AGENT) .
WHEREAS, the Planning Commission of the City of Carlsbad
!id on November 26, 1974 hold a duly noticed public hearing to
:onsider the application of Clarence Hall (Agent) for a variance
(V-246) for creation of a panhandle lot at 4145 Sunnyhill Drive in
:he City of Carlsbad, more particularly described as:
Lot 74 of Carlsbad Highlands Unit #2 in the
City of Carlsbad, per Map No. 2825 filed in
the office of the San Diego County Recorder;
ind
WHEREAS, the subject application is in compliance with the
:ity of Carlsbad Environmental Protection Ordinance of 1972 in
:hat it has been determined that it does not involve significant
xwironmental effects, and a negative declaration has been prepared
md filed; and
WHEREAS, at the conclusion of said hearings the Planning
:omission, after making certain findings, denied the variance; and
WHEREAS, the applicant filed an appeal with the City Counci:
Df the determination of the Planning Commission seeking relief
Erom said denial; and
WHEREAS, the City Council at their meeting of May 6, 1975
neld a public hearing to consider the appeal and determined to
refer the matter back to the Planning Commission for report; and
WHEREAS, the Planning Commission has reported with addi-
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tional reasons that they persist in their denial; and
WHEREAS, the City Council after considering all relevant
factors makes the following findings:
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There are special circumstances applicable to the subject property which are not shared by other similarly zoned property in the areas as follows:
(a) There is only one other similarly zoned lot in'
the immediate vicinity which possesses adequate
square footage to create an additiona115,OOO
square foot lot.
(b) There is only one other similarly zoned lot in
the immediate vicinity which proposes adequate
street frontage for a lot split, according to
Municipal Code requirements.
(c) No other lots in the immediate vicinity meet
the requirements of the City's panhandle lot
policy.
Because of said special circumstances the property may not be utilized in the same manner as other similarly zoned property in the area because:
(a) It contains in excess of minimum lot area requirements for a lot split, but may not be split without a variance because of minimum frontage requirements.
The variance will not be materially detrimental to
the public welfare or injurious to property or im-
provements in the same vicinity and zone because:
It is in accord with all zoning restrictions
as they relate to lot size and minimum width.
The property is at a lower grade than other
properties fronting on Sunnyhill Drive and so it is unlikely that development will cause any obstruction of vistas to the ocean and lagoon. (c) Any development on the property will be required to meet the same setback, height and coverage requirements of other lots in the same vicinity.
The variance is consistent with the general plan in
that :
(a) It meets the density requirement of the land use element.
(b) It meets the intent of the housing element and
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open space and conservation elements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
A. That the above recitations are true and correct.
B. That the variance is granted for the reasons set
out in this resolution.
C. That the variance is granted subject to the following
conditions:
1. 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, dated
October 21, 1974. The location of all buildings, fences,
signs, roadways, parking areas, landscaping and other
facilities or features shall be located substantially
as shown on the said plot plan.
2. Unless a final parcel map is recorded for the
proposed lot split one year from the date of this approval,
this variance shall become null and void.
3. 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.
cable TV and telephone shall be completely underground
or concealed from view, said improvements to be deferred
and secured by a future improvement agreement.
4. All utilities to the property, including electrical
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 20th day of May , 1975,
by the following vote, to wit:
AYES : Councilmen Frazee, Chase and Lewis.
NOES : Councilman Skotnicki and Councilwoman Casler
ABSENT: None
ATTEST :
T E. ADAM
( SEAL Y 3.