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HomeMy WebLinkAbout1974-02-13; Planning Commission; Resolution 1042#a ,. . . a e PLANNING C~!?4?'!ISSIr_ll\l RESOLCTION NO. I042 ___"" 1 2 3 4 5 6 A RESOLUTION OF THE PLANNING CWlMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, SETTING FORTH ITS FINDINGS AN9 !]EREBY DENYING A VARIANCE FOR RELIEF FROM THE DEVELOPMENT STANDARDS FOR OF INTERIM OPErJ SPACE ZONING ORDINANCE. APPLICANT: PACESETTER HOMES, INC. PROPERTY IN AG!?ICULTURAL USE AT TIP4E OF' XIOPTION - WHEREAS, pursuant to the provisions of Title 21 of the Carlsbad Munic 7 development standards for property in agricultural use at the time of the 9 public hearing on a request by PACESETTER HOMES, INC. for relief from the 8 Code, the Planning Commission did, on February 13, 1974, hold a duly notic 10 more particularly described as: 12 generally located east of Lowder Lane and north of Poinsettia Lane, and ir 11 adoption of the Interim Open Space Zoning Ordinance. Said property is 13 14 15 16 That portion of the Hest Half of Section 21, Township 12 South, Range 4 West, San Bernardino Base and P4eridian, in the County of San Diego, State of California, accordins to United Stated Government Survey. WHEREAS, the Final Environmental Impact Report was accepted by the 17 18, 1973, and; 18 Planning Commission on November 27 , 1973 and the City Council on December 19 WHEREAS, at said public hearin$, upon hearing and considering a1 1 20 carry out the provisions and general purpose of Title 21 of the Carl sbad 22 reasons to exist which make the 3EYIAL of this Variance request necessary, 21 testimony and arguments, the Commission did find the following facts and 23 24 25 26 27 28 29 30 31 32 Municipal Code: 1. The Open Space Zoning Ordinance is quite explicit in statir that a Variance shall be aranted only on the grounds of - "Spec circumstances applicable to the property, including size, shape topography, location of surroundings - which would deprive the property of privileges enjoyed by other property in this vicinity and in the same Resource Management District (RM-4). 2. Any decisions as to the interpretation of the ?M-4 requiren such as defining the request as an on-going project which would specifically exempt from the !)pen Space Zoning Ordinance requir would, most appropriately be left to the discretion of the City Council . xx xx XX f 3 - *. I e a 1 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does 2 hereby DENY this request for a Variance, for the reasons stated herein. 3 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planninq 4 by the following vote, to wit: 5 Commission of the City of Carl sbad , held on the 13th day of February, 197 AYES: Commissioners Jose, Little, Forman, Dominguez and Wrench 6 7 9 ABSENT : None 8 NOES: Comissioner Casler 10 11 12 13 ;- / 14 LL&..+ v 15 Chairman l6 ATTEST: 17 18 ~:~~-1~~~ 20 21 22 23 24 25 26 27 28 29 30 31 32 L .: ; d /, Lnu,& "~"-"-- MARY CMLER, 19 BONALD AXATE;, Secretary -,\&[ - 2-