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HomeMy WebLinkAbout1975-09-10; Planning Commission; Resolution 1188- e e 1 PLANNING COMMISSION RESOLUTION NO. 1188 2 3 4 5 6 7 RESOLUTION OF.THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A VARIANCE FOR THE PURPOSE OF CREATING A FOUR LOT SUBDIVISION, ONE A PANHANDLE LOT WITH SUBSTANDARD STREET FRONTAGE, ON PROPERTY LOCATED ON THE WEST CORNER OF HIGHLAND AND MAGNOLIA STREETS. APPLICANT: ROBERT SNYDER CASE NO: V-253 WHEREAS, a verified application for a certain property, to wit: 8 Map thereof No. 1681, filed in the office of County Recorder of 9 That portion of tract 240 of Thum Lands, in the City of Carlsbad in the County of San Diego, State of Californ.ia, according to San Diego County, described further on file in the Carlsbad Planning 10 Department , 11 in said notice on September 10, 1975; and 16 WHEREAS, the public hearing was held at the time and in the place spe 15 Title 21 of the "Carlsbad Municipal Code"; and 14 WHEREAS, said verified application constitutes a request as provided 13 and, 12 has been filed with the City of Carl sbad and referred to the Planning Comm 17 WHEREAS, the applicant has complied with the Public Facility Policy o 18 Pub1 ic Facilities will be available and current with need; and 19 the City of Carlsbad and has provided the necessary information which insu 20 WHEREAS, the subject application has complied with the requirements o 21 City of Carlsbad "Environmental Protection Ordinance of 1972"; and 22 WHEREAS, at said public hearing, upon hearing and considering the tes 23 and reasons to exist: 25 considered all factors relating to the Variance and found the following f: 24 and arguments , if any, of a1 1 persons who desired to be heard, said Commis 26 27 28 1) There are exceptional conditions present on the project site noi present in the same vicinity and zone because: a) The size of the project site is sufficient for the number c lots proposed, but the shape and topography of the site doc not allow full street access to all lots. - 0 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 2) The 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 questio because: a) The property in the same vicinity and zone has enjoyed deve ment at the density proposed for the subject project. 3) The granting of the Variance will not be materially detrimental the public welfare or injurious to the property arid improvements the vicinity and zone in which the project is located because: a) The lot so created is relatively large and therefore will PI the mitigation of the problems associated with lots of sub- standard frontage; and b) The creation of the panhandle lot will not limit the develoi options of either an internal street system or neighboring properties . 4) The gra.nting of the Variance will not adversely affect the Comprehensive General Plan because: a) The overall project of which the Variance is a part is in conformance with the policies and intent of the General Pla NOW, THEREFORE, BE IT RESOLVED by the P1 anning Commission of the City Carlsbad as follows: A) That the above recitations are true and correct. B) That a Variance to allow the creation of a four lot subdivision, on property located on the west corner of Highland and Magnolia Streets, be approved and is subject to the following conditions: 1) The approval is granted for the land described in the applic and any attachments thereto, and as shown on the plot plan ! mitted, labeled Exhibit A, dated August 8, 1975. The locat. of all property lines, roadways, parking areas and other facilities or features shall be located substantially as shc on the plot plan labeled Exhibit A, except or unless indica. otherwise herein. 2) A parcel map shall be required. Public frontage improvement be assured prior to Parcel Map recordation, and concentratec storm drainage from lots 3 and 4 shall not cross the exteric boundary of the original parcel. 3) The removal of any trees shall be subject to the approval 01 Planning Director, excepting that under no circumstances shi the existing row of trees along the western boundary of lot be removed. -2- " - e 1 1 atching gates. 2 4) A fence shall be constructed enclosing the swimming pool. PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carl 3 fence shall be at least 42 inches high with self-closing, s 4 Planning Commission held on September 10, 1975, by the following vote, to 5 6 7 AYES : Commissioners Watson, Dominguez, L'Heureux, Larson, Packard, Fikes and Jose I NOES : None 8 il ABSENT: None 9 II ABSTAIN: None 10 11 12 I.3 ATTEST: 14 15 16 17 18 19 I 2o I 21 22 23 24 25 26 27 28 I -3-