HomeMy WebLinkAbout1981-04-21; City Council; Resolution 64932
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RESOLUTION 649 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGS, GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION, AND
THE FRONT YARD SETBACK ON PROPERTY GENERALLY LOCATED
ON THE NORTH SIDE OF LA COSTA AVENUE BETWEEN
GIBRALTAR AND ROMERIA STREETS.
APPROVING A VARIANCE (V-302) TO ALLOW PARKING IN
WHEREAS, the Planning Commission of the City of
Carlsbad did on March 11, 1981 hold a duly noticed public
hearing to consider the application of Leonard Izbicki for a
variance (V-302) to allow parking in the front yard setback on
property generally located on the north side of La Costa Avenue
between Gibraltar and Romeria Streets, more particularly
described as:
Lot 40 of La Costa South Unit No. 5, in the
City of Carlsbad, County of San Diego, State
of California, according to Map No. 6600
filed March 10, 1970;
and
WHEREAS, said variance has been determined to be
categorically exempt from the provisions of the City of Carlsbad
Environmental Protection Ordinance of 1980; and
WHEREAS, at the conclusion of said hearing the Planning
Commission, after making certain findings, denied the variance;
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, the City Council, at their meeting of April 7,
1981, held a public hearing to consider the appeal and
to hear from all persons interested in or opposed to the
proposed variance; and
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WHEREAS, the City Council, after considering all
relevant factors, makes the following findings:
1.
2.
3.
4.
That there are exceptional circumstances which
apply to this property which do not generally aply
to other properties in the same vicinity and zone
because :
(a) Parking is prohibited along La Costa Avenue in front of the subject property while
certain other properties along La Costa
Avenue are not subject to this prohibition.
(b) The property is already developed and there is not adequate space on site to provide the
required visitor parking other than the front yard setback, and the location of these
visitor parking spaces is a continuation of
the existing parking which is already located
on the front portion of the property.
That this property would be denied a property right shared by other properties in the same
vicinity and zone because:
(a) On street parking is allowed in front of
certain other properties on La Costa Avenue.
(b) Other properties in the same vicinity and
zone have been granted reductions in the
front setback requirements for struct- res
such as walls and patios.
That the granting of such variance will not be
detrim-+al nor injurious to the public's health
and welfare because the small scale of the project will not generate a significant amount of traffic
which could potentially conflict with the visitor
parking spaces in the front setback.
That the granting of such variance will not
adversely affect the general plan because the
density of the project is within the R-H general plan and land use designations for this site.
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 variance is granted for the reasons set
out in this resolution.
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C. That the variance is granted subject to the
following condition:
1. The Conditions of Tentative Subdivision ..ap CT 80-8 and Condominium Permit CP-58 as set out in City Council
Resolution No. 6492 , on file in the City Clerk's office and
incorporated by reference herein, shall be complied with.
PASSED, APPROVED AND ADOPTED at a regular meeting
of the Carlsbad City Council held on the 21st day of April
1981, by the following vote, to wit:
I
AYES: Council Mabers Packard, Casler, hear, Lewis and Kdchb
NOES: Nme
ABSENT: None
'x. RONALD C. PACKARD, Mayor
ATTEST :
ALETHA m!x% L. RAUTENKRANZ, tLf& City Clerk)
(SEAL)