HomeMy WebLinkAbout1973-08-28; Planning Commission; Resolution 946c .r' ." .I 0 0 *.
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RESOLUTION NO. 946
A RESOLUTION OF THE PLAN!IING COYMISSIO!'! OF THE CITY OF CARLSBAD GRANTING A VARIANCE TO PERVI'T
A REDUCTION IN REQUIRED REAR YARD SETBACK FROM 15.2 FEET TO 10 FEE? O!! PROPERTY LOCATED EASTERLY OF THE INTERSECTIOM OF PLAYA ROAD AND ESTRELLA DE MAR ROAD (V-230 JOSEPH TUSHINSKY)
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1973, hold a duly noticed public hearina, to consider a requ 8
Carlsbad Municipal Code, the Planning Commission did on Auau 7
WHEREAS, pursuant to the provisions of Title 21 of the
for a Variance to permit a reduction in the required rear ya
10 setback, from 16.2 feet to 10 feet, on property qenerally lo
11 easterly of the intersection of Playa Road and Estrella De M
12 Road, and more particularly described as:
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Lot 197, La Costa Valley, Unit No. 1, City of Carlsbad, County of San Dieao, State of California.
15 WHEREAS, the subject application is exempted from the r
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vision of Section 19.04.999 C.4 of the Carlsbad Municipal Co 17
ments of the Carlsbad Environmental Protection Ordinance by
21 of the Carlsbad Municipal Code: 22
necessary to carry out the provision and qenera? nurpose of ' 21
facts and reasons to exist which make the grantinq of said Vi 20
all testimony and arguments, the Commission did find the fol 19
WHEREAS, at said public hearing, upon hearinq and consi 18
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1. The existence of the structure with a substandard-\ yard and its proximity adjacent to a permanent open spa1 represent exceptional or extraordinary circumstances or ditions applicable to the nroperty that do not uenerall. the other property in the same vicinitv.
I 26 I 2. The proposed expansion is considered necessary for
I preservation and enjoyment of a substantial progertv ri 27 possessed by other property in the same vicinit.y. This based upon cornpatability of the proposed building size 28 existing buildings in the area.
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3. In that the noncompliance is in existence and is at to a substantial permanent open area, it would not be cc to be materially detrimental to the public welfare or il to the property or imnrovements in the same vicinity. I
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4. The granting of the Variance will not adversely af the General Plan.
WHEREAS, said Variance is granted with the folloiwng Co
411 tions of Approval:
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1. The Variance is granted for the land described in application and any attachments thereto, and as shown o the plot plan labeled Exhibit A. The location of all buildings, fences, signs, roadways, parkina areas, land and other facilities or features shall be located subst ially as shown on the plot plan labeled Exhibit A, exce or unless indicated otherwise herein.
2. Unless the construction of the structure or facili commenced not later than one vear after the date the ap is granted and is diligently pursued thereafter, this a will automatically become null and void.
3. Any minor change may be approved by the Planning D An substantial change will require the filing of an app for an amendment to be considered by the Planninq Commi
4. All requirements of any law, ordinance or regulatir the State of California, City of Carlsbad, and any othe- governmental entity shall be complied with.
5. Prior to obtaining a building permit and within 3r) hereof, the applicant shall file with the Secretarv of Planning Commission, written acceptance of the conditio1 stated herein.
18 ' 6. Compliance with and execution of all conditions li hereon shall be necessary, unless otherwise specified,
from this requirement shall be permitted only by writter 19 to obtaining final building inspection clearance. nevi?
20 . sent of the Planning Director.
21 PASSED, APPROVED AND ADOPTED at a reqular meeting of thf
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the following vote, to wit: 23
City of Carlsbad Planning Commission held on August 28, 1373
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AYES: Commissioners Forman, Casler, Wrench, Palmateer, Little and Jose.
NOES: None
27 ABSENT: Commissioner Dominguez ("<I ...,
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