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HomeMy WebLinkAbout1966-03-08; Planning Commission; Resolution 428c " I I "t 1 I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 37 18 19 20 21 22 '2 3 24 25 26 27 28 29 30 31 32 ' 11 c b PLANNING COIF;IMISSICIN RESOLUTION N0.428 A RESOLUTION GRANTING A VARIANCE ON PROPERTY AT THE SOUTHWESTERLY CORNER OF STATE HIGHWAY 78'AND '. EL CAMINO REAL. WkIEREAs, pursuant to the provisions of Qrdiance Na. 9Q60 Planning Commission did on February 21, 1966, and March 8, 19 hold a duly noticed public hearing to consider the applicatioi FAWCO, ET Ai for a variance for the purpose of an increase in build'ing height from 35' to 60' with the applicable exception: penthouses and roof structures on real property in the City o Carlsbad, County of San Diego, State of California, commonly as the Southwesterly corner of State Highway 78 and El Camino and more particularly as: Portions of Section 32, Township 11 South, Range 4 West, San Sernardino Meridian, and Lots 40, 41 , 42, and Portio of Lots 39 and 13 through 17 inclusive, and of Eucalyptu Forest Company's Tract, Map 1136, in the City of Carlsba more particularly described on Exhibit "A" attached here WHEREAS, at said public hearing, ,upon hearing and considc the testimony and arguments, if any, of all persons who desirl be heard, said Commission did find the following facts and re, to exist which rnake the granting of a variance necessary to cl out the provisions and general purpose of Ordinance No. 9060: 1. A department store in a regional shopping center req this extra height limit. 2. That the granting of this variance will not be detril to any other properties in the area. 3. That granting this variance will not adversely affec- comprehensive general plan. 4. That no property in the same vicinity and zone is presently denied this height limit. .I 4 ., " -* I * 0 1 1 2 3 4 5 6 7 8 91 10 11 12 131i 1411 NOW, THEREFORE, BE IT RESOLVED by the Planning Commissio~ the City of Carlsbad that it does hereby grant a variance on : property for the purpose of an increase in building height frc 35 feet to 60 feet with the applicable exceptions for penthou: and roof structures. PASSED, APPROVED, AND ADOPTED at a regular meeting. of th Carlsbad City P1 anning Commission held on the 8th day of Marc 1966, by the following vote, .to wit: AYE,S: Commissioners Munn, Palrnateer, NcComasg McCarthy, NOES : None. ABSENT: Commissioner Suthe and Freistadt. ATTEST: 1511 I i"T? ,,/y 161 1 -7 y31 /fi& 17 18 R. H. PA MATEER, Secretary I-9 I I 1 20 21 I 22. I .2 3 24 25 26 27 28 29 30 I 11 31 32 I I 1 4,- ' : 4 * \* * i) 3 LEGAL DESCRPTION All that real property situated within the City of Carlsbad, in the County of San Diego, 8tate of California, described as follows: Those portions of Section 32, Township 11 South, Range 4 West, San Beroardino Meridian, according to official plat thereof and of lots 40, 41, 42 and portions of Lots 39 and 1.3 through 17 inclusive and of Eucalyptus Street all of Hasp. Eucalyptus Forest Company's Tract, according to Map thereof No. u36, filed in the office of the County Recorder of said County, described as follows: Beginning at the Southeast corner of the North Half of the Northeast Quaher of Section 31; thence along the South line of said North Half, South BO 17' 09" West 1304.78 feet; thence South 810.00 feet; thence South 760 30' East, 1265.00 feet; thence East 740.00 feet; thence North 770 15' East, 840.65 feet more or less to the Westerly line of El. Wino Real (80 Feet wide) as desc.ribed in deed to the County of San Diego, recorded April 10, 1945 as Document Bo. 28857 of Official Records; thence Northerly along said Westerly line 962.22 feet, more or less to an angle point in the Southerly line of California Stete Highway as described in deed to the State of California, recorded September 8, 1964 as Document No. 16343; of Official Records; theoce along the boundary line of said State Highway as follows: Nolrth 70 09' 55It West, 110.20 feet; North 560 32' 58" West, La.72 feel : to a point in the arc of a 150.00 foot radius curve concave Southerly, 8 radial line of said curve bears North 280 33' 27" East to said point, Westerly along saic curve 8l.31 feet t'mough an angle of 310 03' 27", non-tangent to said curve South 890 12' 51" West, 167.13 feet to a point in the arc of a 205.00 foot radius curve concave Southerly, a radial line of said curve bears North 20 30' West to said pint, Westerly along said curve 125.78 feet through an angle of 350 09' 13" to a point of reversed curvature having a radiGs of 95.00 feet, Westerly and North- westerly along said curve 185.96 feet through an angle of 1120 09' 13" to the Southeast corner of that easement for drainage purposes granted to the Sate of California, recorded Septerrber 8, 1964 as Document No. 163432 of Official Records thence leaving aid curve and said Southerly line of California State Sighway along the Southerly and Westerly lines of said drainage easement, South 740 30' West, 138.88 feet and North 150 19' 26" West, 35.45 feet, more or less to a point in the Southerly line of the fnnd described under Farcel 1 in deed to the City of Oceanside, recorded April 20, 1959 as Document No. 77257 of Official Records; thence South 6gO 30' West along the Southerly line of said Farcel 1 a distance of 615.07 feet, more or less to the Point of Beginning. Excepting from said portion of Section 32 above a31 mineral rights and all oil, gas, petroleum or other hydrocarbon substances within or underlying said land wit1 right of surface entry as reserved in deeds executed by Reginald0 Marron and Caro: Wrron recorded in Book 6699, Sge 264 of Official RecoFd6, and Book 7712 page 47 of Official Records. *. . '\