HomeMy WebLinkAbout1974-02-13; Planning Commission; Resolution 1041"
I
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
29
30
31
32
0 ""- PLANNING COMMISSION RESOLU .T ION NO. lOQl -"
b/-Z3?
A RESOLUTION OF THE PLANNIK corowmoN OF THE CITY OF
CARLSBAD, APPROVING A REQUEST FOR A VARIANCE OF SECTIOr4 21 -50 OF THE CARLSBAD MUNICIPAL CODE, TO ALLOh! A
REDUCTTON IN THE REQUIRED FRONT YARD SETBACK FROM
TIE SOUTHEAST CORNER OF THE INTERSECTION OF PI0 PIC0
APPLICANT: E. C. FIALONE COWA?!Y)
20 FEET TO o FEET, or>\ PROPERTY GENERALLY LOC~TED P%T
DRIVE Arm ?ALY AVEWE.
"- "- -
WI-IEREAS, pursuant to the provisions of Title 21 of the Carlsbad
Municipal Code, the Planning Commission did on February 3, 1974., hold a
duly noticed public hearinq to consider a request by E. C. M.ALONE COMPANY
for a Variance of Section 21.16.030 of the Municipal Code to reduce the
required front yard setback from 21) ft.to 0 ft. The Planning Commission
by Variance No. 217 dated June 27, 1972, did approve a Variance allowing
0 ft. setback in lieu of a 2.5 ft. front setback. Said property is gener
located at the southeast corner of the intersection of Pi0 Pic0 Drive and
Palm Avenue (3610 Palm Avenue), and rnore particularly described as:
Parcel "A" of Parcel Nap No. 71 5, filed 1/20/72 in
the Office of the County Recorder. Said map bein9 a
survey of a portion of Lot 12 Block "B" of the re-
subdivision 0.f Alles Avocado acres, in the City of
Carl sbsd, according to Map thereof No. 2037, fi 1 ed -in
the office of the County Recorder of San Diego County May 17, 1937.
WHEREAS, said application has complied with the requirements of the
I' City of Carl sbad Environmental Protection @rdinance of 1972" and has be
declared to have a Flon-5ii:nificant iqpact on the environment, and;
WHEREAS, at said public hearing, upon hearing and considering testir
and arguments, the Commission did find the following facts and reasons tc
exist which make the approval of said Variance necessary to carry out tl
provisions and general purpose of Title 21 of the Carl sbad Municipal Cod1
1. There is an extradordinary circumstance applicable to thc the subject property because of a visual cutoff of 32 ft. as established by the City and the State Divisions of Hiahways.
2. The proposed Variance would not be detrimental to the
neighborhood or other properties in that zone bacause the
actual setback of the building from the sidewalk would be
32 feet. This is 12 feet greater than that rewired of othe,
residences.
3. The Variance does not affect density of the pro,ject, but it will facilitate a balanced design and relieve crowding of
the structures.
- ,7 - !I 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
29
30
31
32
4. The Variance would not adversely effect the Genera 1 P1 an.
5. The proposed Variance will not effect the traffic
sight distance as established by the State Division of
Highways .
NOW, THEREFORE, BE IT RESOLVED-that the Pqanninv Commission does herel-
approve subject Variancez subject to the fulfillment of the*followinq condi
1. Pursuant to Planning Commission Policy No. 21,
Resolution No. 999 dated November 27, 1973, in addition to conditions specified below, this approval is granted subject to standard condition numbers: 1 (revised Exhibit B), 3, 4, 8, 15, 18, and 20.
2. The applicant shall provide a six (6) foot street tree easement along Pi0 Pic0 Drive.
3. Requirements of Planning Commission Policy #3 are hereby waived as a part of this application.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission held on the 13th day of February, 1974, by the following vote,
to wit:
AYES: Commissioners Casler, Little, Jose, Forman, Wrench P.. Domingue.
NOES : None
ABSENT:None
p ,*, \. 1 ,dLf* -u"f LiCdax5kL. k F
1 MARY CASLC~R, Chairman
ATTEST :
=kkP@?* Secretary DONALD A. AGATEP,
- 2-