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HomeMy WebLinkAbout1974-09-10; Planning Commission; Resolution 1093c 1 1 u Y 1 (I PLANNING COMMISSION RESOLUTInN NO, 1093 2 3 4 5 6 71 A RESOLUTION OF THE PLANNIMG COMMISSION OF THE CITY OF CARLSBA9, CALIFORNIA, GRANTING A VARIANCE FROM SECTION 21.16.030 OF THE CARLSBAD MUNICIPAL CODE TO ALLOW A REDUCTION IN THE FRONT YARD SET- BACK REOUIREMENT FOR THE R-3 ZONE ON PROPERTY GENERALLY LOCATED AT 2731' OCEAN STREET, CARLSBAD, CALIFORNIA. CPSE NO. V-233, APPLICANT: ROBERT M. AND ELIZABETH S. BRYANT I 8 WHEREAS, pursuant to the provisions of the Municipal Code, the Plannil 9 Commission did on September 10, 1974 hold a duly noticed public hearing to 10 Ocean Street, Carlsbad and more particularly described as: 13 setback requirement for the R-3 zone on property generally located at 2731 32 Section 21.16.030 of the Municipal Code to allow a reduction in the front ; XI. sider a request by Robert M. and Elizabeth S. Bryant for a variance from 14 15 16 Lot 34, Block A of Hayes Land Company addition in the City of Carlsbad, Map No. 2, in the County of San Diego, State of Cal ifornia , according to Map thereof No. 1221 fi led in the office of the San Dieqo County Recorder on November 4, 1909; and 17 Ordinance of 1972; and 23. is in full compliance with the City of Carlsbad Environmental Protection 20 that a negative declaration has been filed for this project and that the p1 19 variance will have a nonsignificant impact on the environment and has repol 18 WHEREAS, the P1 anning Director has determined that the granting of thc 22 !dHEREAS, at said hearing a staff report was presented and all persons 23 28 NO!d, THEREFORE, BE IT RESOLVED by the Planning Commission of the City 27 request as hereinafter set forth. 26, Planning Commission made certain findings and reached a decision on the va 25 clusion of said hearing, after considering all the evidence presented, the 24 desiring to speak on the subject variance request were heard. At the con- 2. That the Planning Commission makes the following findings of fact 30 1. That the above recitations are true and correct. 29 Carlsbad as fol lows: 31 32 A. There are special circumstances applicable to this property w~ are not shared with other properties in the same vicinity beci khe lot is much smaller in width than the surrounding lots. ll I/ A 'S 1 2 3 4 5 6 7 8 9 10 3.7. 32 13 14 15 16 17 18 19 20 29 2.2 23 24 25 2 6. 27 28 29 30 31 32 e @ B. Because of said special circumstances the property may not bt utilized in the same manner as the other similarly zoned pro[ in the area as such variance is necessary for the preservatic enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied tc property in question because it is much older and the garage built to accomodate smaller automobiles. C. The variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the subject ProDerty is located bt it will 'preserve existing off-street parking, D. The variance is consistent with the General Plan in providin! safe, efficient and functional circulation network. 3. That the above findings satisfy all the requirements of Section 6! of the Government Code and Section 21.50.030 of the Municipal Code regardin! issuance of the variance. P 4. That in view of the findings heretofore made and considering the applicable law, the decision of the Planning Commission in Case No. V-233, i request for a variance from the terms of Section 21.16.030 of the Carlsbad Municipal Code to allow a reduction in the front yard setback requirement fc R-3 Zone on property generally located at 2731 Ocean Street, Carlsbad, Cali. is to grant the variance subject to the following condition: A. This will be used for a garage only and not for any potentia second story addi ti on. PASSED, APPROVED AND ADOPTED at a regular meeting held on the 10th day September, 1974 by the Carlsbad Planning Commission, by the following vote, wit: AYES : Commissioners Watson, Dominguez, Wrench, Jose, Casler NOES : None ABSENT : Commissioner Fi kes ABSTA I N : None ATTEST : C"..J i" /' b",+ &.&iG,L Mary CasJbr, Chairman &\-p,pG, di y Dona d A. Agatep L Secretary I