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HomeMy WebLinkAbout1980-03-04; City Council; Resolution 60961 2 3 4 5 6 7 8 9 10 11 12 0 d V k 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6096 A RESOLUTION 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-297) FROM SECTION 21.47.130 (1) (b) TO REDUCE THE DRIVEWAY SETBACKS FROM 10 FEET TO 5 FEET ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF JEREZ COURT, NORTH OF GIBRALTAR STREET. APPLICANT: JEREZ COMPANY. WHEREAS, on January 23, 1980, the Carlsbad City Planning Commission adopted Resolution No. 1587, which is herewith referred to and made a part hereof, denying a Variance (V-297) from Section 21.47.130(1) (b) to reduce the driveway setbacks from 10 feet to 4-1/2 feet on property generally located on the west side of Jerez Court, north of Gibraltar Street, more particularly described as: Lot 358 of La Costa South, Unit No. 5, in the City of Carlsbad, according to map thereof No. 6600, as filed in the Office of the County Recorder for San Diego County on March 10, 1970 and; WHEREAS, this project has been processed through environmental review as required in Title 19, the Environmental Protection Ordinance, and has been found to be categorically exempt as per Section 19.04.090(~)(4), which exempts minor alterations in land use limitations; and WHEREAS, the applicant filed an appeal with the City Council of the determination of the Planning Commission seeking relief from said denial; and WHEREAS, a duly noticed public hearing was held by the City Council on February 19, 1980 to consider the appeal of said denial, to hear all persons interested in or opposed to the variance and to consider the decision of the Planning Commission; and WHEREAS, the City Council, after considering all relevant factors, makes the following findings: 1. That two similar variances in the area have been granted. 2. That the City Council is in the process of amending the ordinance requirement to reduce the setback. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: A. That the above recitations are true and correct. B. That the appeal of the Planning Commission decision :o deny Variance 297 is hereby granted for the reasons set out in this resolution. C. That the City Council hereby approves Variance 297 -0 reduce the driveway setback to 5 Feet subject to the conditions IS set out in CT 79-17/CP-20 Resolution No. 6097 :he City Clerk and incorp0rate.d by reference herein. , on file with PASSED, APPROVED AND ADOPTED at a regular meeting of the City Iounci1 of the City of Carlsbad on the 4th day of March -980 by the following vote, to wit: I AYES: NOES : Councilman Skotni cki Councilmen Packard, Anear, Lewis and Councilwoman Casler L ,LETHA L. RliUTENKRANZ, City Clekk SEAL) 2.