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HomeMy WebLinkAbout1975-06-11; Planning Commission; Resolution 1158e 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 2% 29 30 31 32 PLANNING COMMISSION RESOLUTION NO. 1158 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING THE VARIANCE REQUEST WAY SERVICE FACILITY USE: AND (2) ESTABLISH A SIGN IN EXCESS OF THE TWO SQUARE FEET OF AREA ALLOWED IN TO (1) ESTABLISH A FREE-STANDING SIGN FOR A NON-FKEE- THE R-1 ZONE ON PROPERTY LOCATED AT 7201 AVENIDA ENCINAS, CASE NO. V-251, APPLICANT: SEQUOIA PACIFIC REALCO WHEREAS, a verified application for a certain property, to wit: A portion of the southwest Quarter of Section 28 in Township 12 South, Range 4 West, San Bernardino Meridian, and further described in the files of the Carlsbad City Planning Department; has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided Title 21 of the "Carlsbad Municipal Code"; and WHEREAS, the public hearing was held at the time and in the place specified in said notice on June 11, 1975; and WHEREAS, the applicant has complied with the Public Facility Policy o the City of Carlsbad and has provided the necessary information which insu Pub1 ic Facilities will be available and current with need; and WHEREAS, the subject application has complied with the requirements o the City of Carlsbad "Environmental Protection Ordinance of 1972". The pr has been determined to have a negative (inconsequential ) impact, because t sign would not affect the physical environment except in an aesthetic sens and WHEREAS, at said public hearing, upon hearing and considering the testimony and arguments, if any, of all persons who desired to be heard, s Commission considered all factors relating to the Variance and found the following facts and reasons to exist: 1 ) There are no exceptional or extraordinary circumstances or condi applicable to the property or use that do not apply generally tc other property or class of use in the same vicinity and zone bec a) The site is no less visible than other similar properties a uses in the vicinity that do not have freeway oriented sigr b) The project site is not similar to a freeway oriented facil as defined in the Zoning Ordinance. A e - 0 I 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 2) Such Variance is not necessary for the preservation and enjoyment a substantial property right possessed by other property in the s vicinity and zone but which is denied to the property in question because: a) Properties in the same vicinity and zone as the proposed prc enjoy no rights in the establishment of signs not enjoyed bJ proposed project site. b) A similar Variance request was denied in 1970. 3) The granting of such Variance will adversely affect the compreher General Plan because: a) The proposed sign is not in harmony with the surrounding mi) agricultural and residential uses. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City Carlsbad as follows: A) That the above recitations are true and correct. B) That a Variance is denied to allow establishment of a free-stand sign for a non-freeway service facility use and establishment of sign in excess of the two square feet of area allowed in the R-1 on property located at 7201 Avenida Encinas. PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carl Planning Commission held on June 11, 1975 by the following vote, to wit: AYES : Commissioners Dominguez, Fikes, L'Heureux, Packard, Watson, Wrench NOES : None ABSENT: Commissioner Jose ABSTAIN: None ..' ,/ ,7 .. .I ;: //' ;" ./ .:*. , /* /.7 j.'.,, L.,' I/ :1.?/,/+ f$;; ,, '/ ->;[+?-/ &f;" u.l i/' fl 'GZ~Y ld$en~ , Chairman ' .. /. i ATTEST : Q\(X&p\+ d' "2 Donald A. Agatep, Secretary -2-