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HomeMy WebLinkAbout1965-06-22; Planning Commission; Resolution 400# v /I xa R 1 4: . PLANNING COMMISSION RESOLUTION NO. 400 A RESOLUTION DENY1 NG APPLICATION FOR CHANGE OF ZONE FROM R-2 TO R-3 ON PROPERTY AT THE SOUTHERLY SIDE OF NiAGNOLIA AVENUE, CONTIGUOUS TO THE WESTERLY SIDE OF THE U,S, FREEWAY XI-S,D, -21 WHEREAS, pursuant to the provisions of Ordinance No. 9060, the PI Commission did on June 22, 1965, hold a duly noticed public hearing to consider the application of GEORGE Wi AND LILY STELTNER for a chal of zone from R-2 to R-3 on real property in the City of Carlsbad, County San Diego, State of California, commonly known as the southerly side of Magnolia Avenue, contiguous to the westerly side of U.S. Freeway XI-S.: and more particularly as: That portion of Thum Lands, Tract 236, Map 1681, R.0.S. 1591, more particularly described on Exhibit "A" attached hereto; WHEREAS, at said public hearing, upon hearing and considering the testimony and arguments, if any, of all persons who desired to be heard, said Commission did find the following facts and reasons to exist which n the denial of the application for change of zone necessary to carry out thc provisions and general purpose of Ordinance No. 9060: .. 1. There is adequate undeveloped R-3 property for the present nee( of the community. 2. The present R-2 zoning is suitable for development and is contig with other R-2 zoning. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission the City of Carlsbad that it does hereby deny application for change of zor R-2 to R-3 on said property. PASSED, APPROVED, AND ADOPTED at a regular meeting of the C City Planning Commission held on the 22nd day of June, 1965, by the follc vote, to wit: AYES; Commissioners Palmateer, McCarthy, Grant, Sutherland, L NOES: None r/ McComas and Freistadt. ABSENT: None rn I That portion ai Lat 236 of 'ha lrnda, in t& City of Carlsbad, in the County of San Mno7, State of California, according to Uap thereof No, 1681, filed in the office of the Countv Recorder of San Mego Counfp, December 9, 1915, dtueribed a0 iallowsr 61 2'l' *st 4lr6.86 feet f'ror Its interaectFsn rith the cerrter line of Adam street, said ~oint of beginnlag being the most Westerly corner of the lad conveyed by the South Coast Land Conpaw to Dean ?. Pellner, by deed dated May 5, 1827, and recorded Frr Rmk 1335, paw 384 of Deeda, records of said County; thence along the Southuesterly line OF the lad eo conveyed to said Palmer and the Southeasterly prolonmtion of aaid line %utk 28 39' Eaet I distance of b87.47 faet more or less, to an intersection with tho Northeasterly prolowation of the Northwesterly lb of tha land conveyed by South Coast L3nd Cornpaw to hura Jonea by deed dRted May fi, 3929, and recorded in Rook 1629, pape by- of Deeda, records of said Ccmnty; thence dong said prolongation and the Northnestcrly line of tho land 80 eonvmed to uid Joma, South 61 211 Rest a distw of 536.30 re&, m'f. or le811, to 8 wiod on the Hortheastmly line of the had f267lYryPd by !3auth Cos& La w to f. J. Rheldon and )Iary E. Weldon by 6.d dated July 7, 1926, and recorded ll&, page b63 of Deeds, recorda of mid county; thence along the aaid ~rtherster~y fiae of the land do conveyed to said %eldon 8d alonq thP Northwesterly longations thereof Notth 28 39t Weat a distance of lr87.L7 feet, more or lam, to a iat on the center line of Ysgmlla Avenue; thence slow aid center lina brth 61 21, East a distama of 53.38 feet more or9 less to the point of balffnnfug, &&mlng at a point on the center lim of IhmolIa Averma, diatant thereon South EXCEFTIWJ TH&tEFlWX %bat po?tion CRa~mof l$ing lQortheasterly of a 1- &mibed a8 fdlma: Bcuinntnrg 8t a concrete momsent sf tha lndersedion of the center line of sal$ ldagnolifi \venue with the center lias of -ding Street (fonaerl,, 5th Street) 81 mid Street is ShOlWi On krt BOm 2027 Of tb 8eNbdiVisiOn of 8 gartion of Allerr Avoado Acres, filed in the office of the Carrrxty Recorder May 17, 1927: thence North 61 16'38a East, along the center lins of Mngnolirr Ammo, 207.73 feet to a paint in the 12090 foot rdlLxa eume, concave Wortherutor4 in the Southwesterly line of the CalifornL. State Hl~!hray, aa said Highm,, is described in daed to the State of Califomla, recorded Xmember 28, 199, uder Docppent No. WlOs, In Ebok 4303, plge 457 of Of iiciat Recorda, 8 mdhl lias at raid pol& bear- South 65 26'11" Tort, mid point beiw tb true aoinf of beglnalngt theme along the Southwester line of mid Highway, Sou.thea&rly alary id cum 286.15 feet! Wth 25 5 ? 'lla GaSt 181.76 beet ard Smth 19 52'37* -8% to ths $Olltb8SbrV libb of the d3OVO desarlbed ~OpOq.