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HomeMy WebLinkAbout1975-09-24; Planning Commission; Resolution 1195,x " e a 1 2 3 4 5 6 7 8 PLANNING COMMISSION RESOLUTION NO. 1195 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING THE VARIANCE REQUEST TO ALLOW CREATION OF 2 PANHANDLE LOTS AND CREATION OF A TOTAL OF 4 LOTS WITH LESS THAN THE LOCATED ON THE NORTHEAST SIDE OF PARK DRIVE ACROSS FROM THE INTERSECTION OF PARK DRIVE AND ADAMS STREET. APPLICANT: SAMUEL LIPSETT MINIMUM 15,000 SQ. FT. FOR R-1-15,000 ZONE ON PROPERTY CASE NO. V-254 WHEREAS, a verified application for a certain property, to wit: 9 10 Lot 4, Block F, Ballavista, Recorded March 7, 1929, Assessor's Parcel 206-1 91 -04; 11 12 has been filed with the City of Carlsbad and referred to the Planning Cornmis! and 13 in said notice on September 24, 1975; and 16 WHEREAS, the 'public hearing was held at the time and in the place spec' 15 Title 21 of the "Carlsbad Municipal Code"; and 14 WHEREAS, said verified amlication constitutes a request as provided b! 17 WHEREAS, the applicant has complied with the Public Facility Policy of 18 19 the City of Carlsbad and has provided the necessary information which insure: Public Facilities will be available and current with need; and 20 WHEREAS, the subject application has complied with the requirements of 21 ing facts and reasons to exist: 27 Commission considered all factors relating to the Variance and found the foll 26 testimony and arguments , if any, of a1 1 persons who desired to be heard , sail 25 WHEREAS, at said public hearing, upon hearing and considering the 24 will not significantly affect fish, wildlife or plantlife. 23 project is in an already urbanized area, no grading will be done and the pro, 22 the City of Carlsbad "Environmental Protection Ordinance of 1972" because thl 28 29 30 31 32 (1 ) There are no special circumstances applicable to subject property because: a) Their property is not of unusual shape compared to other parcels in the area. b) The property is an average size (1.46 acres) for the area. (Average parcel size equals 1.43 acres). 1 '*. -- I1 @ 0 1 2 3 4 5 6 7 (2) c) The property is surrounded by R-1-15,000 with the exception of the R-W zoned property across Park Drive to the South. The Variance will be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity, an( zone in which the subject property is located because: a) The Variance will create a pocket of substandard lot sizes within a larger lot zone. In staff's opinion, the small difference in square footage is not the issue. The fact is, this variance would allow the subject property to be use( in a way allowed only in another zone, which could lead to further requests of this nature in the future. 8 b) The Variance would set a precedent to allow substandard lot ! 9 in this and other areas. 10 11 12 13 14 15 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City ( Carl sbad as fol 1 ows : A) That the above recitations are true and correct. B) That a Variance is denied to allow creation of 2 Panhandle Lots ar creation of a total of 4 lots with less than the minimum 15,000 sware feet for R-1-15,000 zone. PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlst I6 I/ Planning Commission held on September 24, 1975 by the following vote, to wit: 17 18 19 20 21 22 23 AYES : NOES : Commissioners Watson, Dominquez, Larson, L'Heureux, Fikc .. . . . .. . .. \ "<3 . . "-. - - ._ .~ - Packard , Jose ABSENT: NONE ABSTAIN: NONE 24 I/ATTEST: 25 26 27 28 29 30 31 32 -2-