HomeMy WebLinkAbout1983-11-01; City Council; Resolution 73921
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7392 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, DENYING THE APPEAL FROM A"PLANN1NG COMMISSION DECISION AND DENYING VARIANCE - ANDERSON V-348 TO REDUCE THE REAR YARD SETBACK ON PROPERTY GENERALLY LOCATED AT 1264 BASSWOOD AVENUE BETWEEN PINE STREET AND ADAMS STREET. APPLICANT: ANDERSON CASE NO.: V-348
WHEREAS, on September 14, 1983 the Planning Commission
adopted Resolution No. 2172 recommending to the City Council that
Variance - Anderson (V-348) be denied; and
WHEREAS, the applicant appealed Planning Commission
Resolution No. 2172 and said appeal was received by the City
Clerk on September 23, 1983; and
WHEREAS, the City Council of the City of Carlsbad did on
October 18, 1983 hold a duly noticed public hearing to consider
the recommendations of the Planning Commission and to receive all
recommendations and hear all persons interested in or opposed to
said variance; and
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 findings of the Planning Commission in
Resolution No. 2172 constitute the findings of the City Council
in this matter.
C. That Variance - Anderson (V-348) is hereby denied
based upon the facts set out in the Planning Department Staff
Report dated September 14, 1983 and Planning Commission
Resolution No. 2172 attached as Exhibit A and incorporated
herein.
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D. This action of denial is final the date
resolution is adopted by the City Council. The prov
this
sion of
Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for
Judicial Review" shall apply:
"NOTICE TO APPLICANT"
The time within which judicial review of this
decision must be sought is governed by Code of Civil
Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other
paper seeking judicial review must be filed in the
appropriate court not later than the ninetieth day following the date on which this decision becomes
final; however, if within ten days after the decision
becomes final a request for the record of the proceedings accompanied by the required deposit in an
amount sufficient to cover the estimated cost of
preparation of such record, the time within which such
petition may be filed in court is extended to not later
than the thirtieth day following the date on which the
record is either personally delivered or mailed to the party or his attorney of record, if he has one.
written request for the preparation of the record of the proceedings shall be filed with the City Clerk,
City of Carlsbad, 1200 Elm Avenue, Carlsbad, California
9 2 0 0 8 .
A
PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, held on
the 1st day of Navesnber , 1983, by the following
vote, to wit:
AYES:
NOES: Council Mesnber Lewis
Council Members Casler, Kulchin and Chick
ABSENT: Council Member PIpSmt't p a & d- - i
MARY H. ,$ASLER, Mayor
ATTEST : - ip lki-
ALETHA L. RAUTENKRANZ, City
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1 a ~ .
PLANNING.COMMISSION RESOLUTION NO. 2172
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, DENYING A VARIANCE TO REDUCE THE
REQUIRED REAR YARD SETBACK FROM 14' TO 7' FOR A HABITAB E
ACCESSORY STRIJCTURE AT 1264 BASSWOOD AVENUE, ON .24 ACRES
OF PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF BASSWOC
AVENUE BETWEEN ADAMS STREET AND PINE AVENUE.
APPLICANT: ANDERSON
CASE NO: v-348
.WHEREAS, a verified application for certain property, to
wit:
Parcel 1 of Parcel Map No. 9641, filed in the office of
the County Recorder on January 29, 1980 af File No. 80-
033063 of Official Records,
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 14th day of
September, 1983, hold a duly noticed public hearing as prescribed
by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and all
testimony and arguments, if any, of all persons desiring to be
heard, said Commission considered all factors relating to the
Variance; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows :
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the public hearing, tht
Commission DENIES V-348, based on the following findings:
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Find ina s :
That there are no exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and zone, as discussed in
the Staff Report.
That such variance is not necessary for the preservation and
enjoyment of a substantial property right possessed by other
property in the same vicinity and zone but denied to the property in question, as discussed in the Staff Report.
The Land Use Planning Manager has determined that this
project is exempt from Environmental Review per Section
19.04.070(5C) of the City of Carlsbad Environmental Ordinance
0
Planning
the 14th
ATTEST:
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on
day of September , 1983, by the following vote, to wit:
AYES :
NOES :
ABSENT :
ABSTAIN :
MICHAEL J. HOLZMILLER LAND USE PLANNING MANAGER
CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
PC RES0 NO. 2172 -2-
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PINE
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HOLlDtiY PARK
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SUBJECT PROPERTY