HomeMy WebLinkAbout1974-02-13; Planning Commission; Resolution 950.3
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RESOLUTION NO. 950
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD GRANTING A VARIANCE TO PERMIT
A PANHANDLE LOT SPLIT, AND TO ALLOW A REDUCTION
IN THE REQUIRED SIDE YARD SETBACK, FUN 5 FEET
TO 2 FEET, ON PROPERTY GENERALLY LOCATED ON
FOREST AVENUE BETWEEN OLIVE DRIVE AND HIGHLAND
DRIVE - 1355 FOREST AVENUE (V-228 W.T. PRICE)
WHEREAS, pursuant to the provisions of Title 21 of the
Carlsbad Municipal Code, the Planning Commission did on July 24,
1973, hold a duly noticed public hearing, to consider a request
for a Variance to permit a panhandle lot split, on property gen-
erally located on Forest Avenue between Olive Drive and Highland
Drive - 1355 Forest Avenue, and more particularly described as:
That portion of the southeast quarter of the
southwest quarter of Section 31, Township 11
South, Range 4 West, San Bernardino Base and
Meridian, in the City of Carlsbad, in the County
of San Diego, State of California, according to
Official Plat thereof, Map No. 532, filed in the
Office of the County Recorder of San Diego County.
WHEREAS, the subject application is exempted from the require-
ments of the Carlsbad Environmental Protection Ordinance by
provision of Section 19.04.090 C.4 of the Carlsbad Municipal Code,
and:
WHEREAS, at said public hearing, upon hearing and considering
all testimony and arguments, the Commission did find the following
facts and reasons to exist which make the granting of said
Variance, as amended, necessary to carry out the provision and
general purpose of Title 21 of the Carlsbad Municipal Cotie:
1. The proposed "panhandle" lot, labelled Exhibit "B",
conforms to the City"s "panhandle" policies.
2. The proposed "Panhandle" lot conforms to all of
the requirements of the Carlsbad Zoning Ordinance
Title 21.
3. The substandard side yard along the west side
of the "guest house", as shown on Exhibit "B",
is existing and its removal would be an economic
hardship on the applicant.
NOl\l, THEREFORE, BE IT RESOLVED that the Planning Commission
does hereb;! approve subject Variance, subject to the fulfillment
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of the following conditions:
1. The variance is granted for the land described i the application and any attachments thereto, and as shown on the plot plan submitted labeled Exhibit B. The location of buildings, fences, signs, roadways, parking areas, landscapi and other facilities or features shall be located substantia as shown on the plot plan labeled Exhibit B., except or unle indicated otherwise herein.
2. Unless a parcel map, prepared by a registered ci engineer or licensed land surveyor, is recorded within one year after the date the approval is granted, this approval will automatically become null and void.
3. Any minor change may be approved by the Planninc Director. Any substantial change will require the filing of an application for an amendment to be considered by the Planning Commission.
4. All requirements of any law, ordinance or regull of the State of California, City of Carlsbad, any other govc mental entity shall be complied with.
5. Prior to obtaining a building permit and within days hereof, the applicant shall file with the Secretary of Planning Commission written acceptance of the conditions stated herein.
6. Compliance with and execution of all conditions
listed hereon shall be necessary, unless otherwise specifiec prior to obtaining final building inspection clearance. Deviation from this requirement shall be permitted only by written consent of the Planning Director.
7. The applicant shall pay the required park-in-lic for the new lot being created prior to the recording of the final parcel map.
8. There shall be no ingress or egress to the propc except for those shown on the plot plan labeled Exhibit By i as approved by this Planning Commission; any such ingress 0' egress shall have a width of not less than 12 feet nor grea' than 24 feet; and any such entrance shall be surfaced and improved as required by, and in accordance with, the standa and specifications of the City Engineering Office.
9. The applicant shall comply with all of the requ rnents of the City's "Panhandle" lot policies.
10. The granting of the side yard setback variance along the west property line shall only apply to that area adjacent to the existing "guest house" as shown on Exhibit
PASSED, APPROVED AND ADOPTED at a regular meeting of th
Planning Commission held on the 13th day of February, 1974,
the following vote, to wit:
AYES: Commissioners Casler, Jose, Forman, Wrench & Dom
NOES: Commissioner Little
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ABSENT: Commissioner Little
ATTEST:
,A 8
Secretary