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HomeMy WebLinkAbout1974-06-11; Planning Commission; Resolution 1068I" ,. %. - 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 ~ANNING COMMISSION RESOLU a N NO. 1068 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, SETTING FORTH ITS FINDINGS RELATIVE TO VARIANCE CASE NO. 241, AND GRANTING SAID VARIANCE TO REDUCE THE REAR YARD SETBACK ON PROPERTY LOCATED ON THE EAST SIDE OF MARJORIE LANE BETWEEN MONROE AND VALLEY STREETS AND KNOWN AS 3615 MARJORIE LANE. WHEREAS, pursuant to the provisions of Title 21 of the Carlsbad Muncipal Code, the Planning Commission did on June 1' 1974 hold a duly noticed Public Hearing to consider an applici from LAURENCE W. HUFFMAN for a variance to reduce the require( rear yard setback from eighteen feet five inches (18.5') to eleven feet five inches (11.5') in order that. an open aluminun awning can be built over an existing patio, on property genert located on the East side of Marjorie Lane between Monroe and Valley Streets and known as 3615 Marjorie Lane, and more particularly described as follows: Lot #2 - Village Homes, Map 4660 May 24, 1968. WHEREAS, the subject application has complied with the requirements of the "City of Carlsbad Environmental Protectio Ordinance of 1972"; and WHEREAS AT SAID Public Hearing, upon hearing and conside ing all testimony and arguments, the Commission did find the following facts and reasons to exist which make the granting said variance necessary to carry out the provisions and gener purpose of Title 21 of the Carlsbad Municipal Code; REASONS FOR APPROVAL (7) The request represent.^ an extraordinary circumstanc since the awning must be technically considered as part of the house, when it is actually providing th openess and space between structures which the set- back requirement seeks to preserve. (2) The variance is necessary for the preservation of property rights because the awning enhances the usefulness of an already existing patio. 1 1 *.- r L . I. e 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 (3) The awning which will be constructed would normally be allowed as a detached accessory structure in the rear yard, if it were set back from the house 8 feet However, since it is attached to the house it requirl the vari ance. (4) The granting of the variance will not be injurious to the public welfare. (5) The variance does not adversely affect the General Plan, since it is consistent with maintaining the single family character of the residence. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Carlsbad, that it does hereby recommend approva to the City Council of the City of Carlsbad, of the herein described Variance #241, subject to the following conditions: (1) The variance is granted for the land described in the plot plan labeled EXHIBIT A. The location of th proposed awning shall be substantially the same as that shown on EXHIBIT A. (2) All requirements of any law, ordinanceg or regulatic of the State of California, City of Carlsbad, and ar governmental entity shall be complied with. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Planning Commission held on the 11th day of Junc 1974, by the following vote, to wit: AYES: Commissioners Little, Casler, Jose, Barrett, Forman and Wrench. NOES: None ABSENT: Dominquez n .' ..P L.."':'l ,x7 ,pi . ~&& {L L. MARyaR Chairman ATTEST: -2 -