HomeMy WebLinkAbout1999-04-20; City Council; Resolution 99-84-* 0 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
~
RESOLUTION NO. 99-84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DENYING THE APPELLANT’S
APPEAL AND UPHOLDING THE PLANNING COMMISSION’S
DENIAL OF AN ADMINISTRATIVE VARIANCE TO ALLOW A
WALL TO EXCEED THE MAXIMUM HEIGHT OF 42 INCHES IN A
FRONT YARD SETBACK ON PROPERTY GENERALLY
LOCATED AT 7245 CARPA COURT IN LOCAL FACILITIES
MANAGEMENT ZONE 6.
CASE NAME: RYAN RESIDENCE DECORATIVE WALL
APPEAL
CASE NO.: AV 98-07
WHEREAS, the Planning Commission did on the 16th day of Decembc
hold a duly noticed public hearing as prescribed by law to consider said applicatio
Administrative Variance, and after hearing and considering all evidence and testimc
people desiring to be heard, adopt Planning Commission Resolution No. 4412, de
Administrative Variance (AV 98-07) to allow a wall to exceed the maximum height of 4
in a front yard setback in the R-I zone; and
WHEREAS, appeal of this denial was timely filed on December 28, 1998;
WHEREAS, on the 20 th day of Ap-i 1 , 1999, tl
Council of the City of Carlsbad, held a duly noticed public hearing as prescribed t
consider said appeal of the Planning Commission decision; and
WHEREAS, upon considering the request, the City Council considered t
relating to the appeal; and
WHEREAS, upon considering all the evidence, testimony, and argu
those persons present and desiring to be heard, the City Council resolves as follows:
1. That the above recitations are true and correct.
2. That the findings of the Planning Commission in Resolution No.
file with the City Clerk, and incorporated herein by reference, constitute the findings o
Council in this matter.
3. That the Planning Commission’s denial of AV 98-07 is hereby (
and the appeal of that decision is denied based upon the facts set out in the
Department Staff Report, dated December 16, 1998, the evidence before the
Commission, the evidence as set forth in City Council Agenda Bill No. 15,090
the testimony before the City Council, all of which are incorporated herein by reference.
I 0 e
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
,I
4. This action is final the date this resolution is adopted by the City
The provision of Chapter 1 .I 6 of the Carlsbad Municipal Code, “Time Limits for Judicial
shall apply: “NOTICE TO APPLICANT”
“The time within which judicial review of this decision must be sought is governe
the Code of Civil Procedures, Section 1094.6, which has been made applicab
the City of Carlsbad by Carlsbad Municipal Code Chapter 1 .I 6. Any petition or c
paper seeking judicial review must be filed in the appropriate court no later thar
ninetieth day following the date on which this decision becomes final; howevc
within ten days after the decision becomes final a request for the record of
proceedings accompanied by the required deposit in an amount sufficient to c
the estimated cost of preparation of such record, the time within which such pe
may be filed in court is extended to not later than the thirtieth day following the
on which the record is either personally delivered or mailed to the party, 01
attorney of record, if he has one. A written request for the preparation of the re
of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carl:
Village Drive, Carlsbad, California 92008.”
PASSED AND ADOPTED at a regular meeting of the City Council of th
Carlsbad on the mthday of Apri 1 1999, by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Finnila & Hall
NOES: None
BSENT: Council er Kulchin
ATTEST:
LLktL- 4. Q-zLdL.
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
-2-