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HomeMy WebLinkAbout1974-11-12; Planning Commission; Resolution 1114d .h ll 0' 0. 1 PLANNING COMMISSION RESOLUTION NO. 1114 2 3 4 5 6 7 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, CONCERNING THE VARIANCE FROM SECTION 21.10.80 WHICH REQURES SIXTY FEET OF DISTRICT. THE SUBJECT PROPERTY IS ADDRESSED AS 3785, 3859 and 3885 MONROE STREET, AND IS LOCATED ON THE WEST SIDE OF MONROE STREET BETWEEN PARK STREET FRONTAGE FOR EVERY LOT IN THE R-1-7500 ZONE DRIVE AND MAGNOLIA AVENUE. CASE NO. V-245, APPLICANT 1 MICHAEL STRAUB (AGENT). 8 /I WHEREAS, a verified application for a certain property, to wit: 9 IO That portion of Tract 251 of THUM LANDS, according to Map 1681 , County of San Diego, State of California, more particularly described in the Carlsbad Planning Department, 11 specified in said notice on November 12, 1974; and 3.6 WHEREAS, the public hearing was held at the time and in the place 15 Title 21 of the "Carlsbad Municipal Code"; and 94 WHEREAS, said verified application constitutes a request as provided 13 Commission; and 3.2 has been filed with the City of Carlsbad and referred to the Planning 17 WHEREAS, the applicant has complied with the Public Facility Policy c 18 Public Facilities will be available and current with need; and I.g City of Carlsbad and has provided the necessary information which insures 20 City of Carl sbad "Environmental Protection Ordinance of 1972"; and 21 WHEREAS, the subject application has complied with the requirements c 22 WHEREAS, at said public hearing, upon hearing and considering the 23 following facts and reasons to exist: 25 Commission considered all factors relating to the Variance and found the 24 testimony and arguments, if any, of all persons who desired to be heard, 5 26 27 28 29 30 31 32 1. The exceptional or extraordinary circumstances or conditions applicable to this property do not apply generally to the other property or class of use in the same vicinity and zone are: The existing parcels average 34,000 sq. ft. while newer lots created the vicinity are 7,500 sq. ft. The street frontage available to existing lots will not allow creation of the desired additional with full street frontage required. There is not sufficient roo create a new street or cul-de-sac. 2. This variance is necessary for the preservation and enjoyment of substantial property right possessed by other property in the sa vicinity and zone but which is denied to the property in questic because the limited street frontage with respect to the size of 1 c L 0" .(I 1 2 3 # 5 6 7 8 9 10 11 32 13 14 35 16 17 18 19 20 21 22 23 24 25 2 6, 27 ~ i I 28 ~ 29' 30 I ~ 31 i 32 I ~ existing lots. Property developed in the vicinity in recentyea has had the right to create 7,500 sq. ft. lots. The right to su divide the subject lots to a comparable size is not possible wit creating panhandle lots. The average lot after the proposed sub division will be approximately 13,000 sq. ft. 3. The granting of this variance will not be materially detrimental the public welfare or injurious to the property or improvements the same vicinity and zone in which the subject property is loca because the use to which the lots are to be put will be the same for the surrounding lots. However, the lots will be substantial larger than the newer lots in the vicinity. 4. The granting of this variance will not adversely affect the com- prehensive general plan because the General Plan would allow mor intensive land use than is planned through the creation of the proposed 1 o ts a NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the Cit: Carlsbad, California, as follows: That a Variance is approved from Sectic 21.10/80 which requires sixty feet of street frontage for every lot in thc R-1-7500 zone district. The subject property is addressed as 3785, 3859 i 3885 Monroe Street and is located on the west side of Monroe Street betwer Park Drive and Magnolia Avenue, and subject to the following conditions: 1. Approval is granted for the land described in the application a any attachments thereto and as shown on the Plot Plan submitted labeled Exhibit A, dated 10/7/74. 2. All requirements of any law, ordinance or regulation of the Sta California, City of Carlsbad, and any other governmental entity be complied with. 3. Unless a final subdjvision map is recorded for all of the lots shown on Exhibit A (dated 10/7/74) one year from date of this approval, this variance shall become null and void. 4. All utilities to the property, including electrical, telephone provisions for cable TV, shall be installed underground or shal completely concealed from view. 5. The appl icant will comply with the Pub1 ic Facility Pol icy of tk of Carlsbad and will provide the necessary information which ir Public Facilities will be available and current with need. PASSED, APPROVED AND ADOPTED at a regular meeting of the City of I I Carlsbad Planning Commission held on November 12, 1974 by the following > to wit: AYES: Commissioners !4atson, Wrench, Fikes, Jose, Casler 1 NOES : None ABSENT: Commissioner Dominguez ABSTAIN: None - 2- 1 0 - L 1 2 3 4 5 61 1 7 8 10 OI 3.2 XI I 13 14 15 16 17 18 19 20 21 22 23 24 25 2 6, 27 28 29 ~ ~ 30 31 32 0- .e s. Le,-? ,, ,. ./; , :i LQ4. ;c.,.< ,,< (&{ .>LC ,.- Mary Cas1 er 9i Chairman ATTEST : LGA\p ,j ., ,Girt Donald A. Agatep, Secretary 1 1 1 -3-