HomeMy WebLinkAbout1975-12-10; Planning Commission; Resolution 1209.c 9 e e
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PLANNING COMMISSION RESOLUTION NO. 1209
RESOLUTION OF TEE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A VARIANCE TO PERYIT THE CREATION OF A LOT !dITH SUBSTANDARD LOT I4IDTH ON
TWEEN HIGHLAND DRIVE AND ADAMS STREET
APPLICANT: ROBERT H. SONNEBORN
PROPERTY LOCATED ON THE WEST SIDE OF HOOVER STREET BE-
CASE NO. V-257
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i WHEREAS, a verified application for a certain property, to wit:
8 Lot 5, Block By of Bella Vista, City of Carlsbad, Map 2152
g has been filed with the City of Carlsbad and referred to the Planning Commis
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WHEREAS, said verified application constitutes a request as provided by 11
and
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in said notice on December 10, 1975; and 14.
WHEREAS, the public hearing was held at the time and in the place speci 13
Title 21 of the ”Carlsbad Municipal Code”; and
Environmental Protection Ordinance Section 19.04.090(4iv); and 21
request is categorically exempt from the requirements of the Carlsbad 20
City of Carlsbad “Environmental Protection Ordinance of 1972” because the 19
WHEREAS, the subject application has complied with the requirements of 18
Publ ic Facilities will be available and current with need; and 17
the City of Carlsbad and has provided the necessary information which insure 16
MHEREAS, the applicant has complied with the Publ ic Facility Pol icy of
22 WHEREAS, at said public hearing, upon hearing and considering the test,
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considered all factors relating to the Variance and found the following fac, 24
and arguments, if any, of all persons who desired to be heard, said Commiss,
1) There are exceptional and extraordinary circumstances and conditi 26
and reasons to exist: 25
applicable to the property that do not apply generally to the 0th 27 property or’ class of use in the same vicinity and zone because:
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a) The subject parcel contains adequate area for the creation o two lots conforming with the adopted zoning and land use designations for the area,
b) but the subject parcel has insufficient width for the creati of two such lots.
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I 2) The Variance is necessary for the preservation and enjoyment of a
substantial propert-y right possessed by other property in the same vicinity and zone which is denied to the property in question becal
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3) The granting of the variance will not be materially detrimental to the publ ic we1 fare or injurious to the property or improvements in the vicinity and zone of the project because:
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a) The potential problems of the substandard width lot have been mitigated by conditions of approval.
9 4) The granting of the variance will not adversely affect the compre- hensive General Plan because:
10 a) The density of the proposed project (2 dwelling units per acr
11 is within the density range of the Land Use Element (0-4 dwell ings per acre).
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b) The project does not conflict with other policies or Elements the General Plan.
5) The granting of the Variance is in conformance with adopted City Council Policy on the formation of lots with substandard widths because:
a) The existing lot configuration precludes the granting of this variance having any affect on the development options of adjacent land.
b) Installation of necessary on-site improvements has been made condition of this approval.
6) A petition with 19 signatures requesting a continuance so that certain questions could be answered was submitted. The Planning Commission determined that the questions as submitted in the petil were adequately answered in the course of the publ ic hearing.
NOW, THEREFOREy BE IT RESOLVED by the Planning Commission of the City (
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A) That the above recitations are true and correct. 24
Carlsbad as follows:
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B) That a Variance to allow the creation of a lot with substandard l(
width on property located on the west side of Hoover Street betwec Highland Drive and Adams Street be approved and is subject to the following conditions:
1 ) The approval is granted for the land described in the appl ic, and any attachments thereto, and as shown on the plot plan SI mitted labeled Exhibit A, dated November 10, 1975. The loca of all features shall be located substantially as shown on t plot plan labeled Exhibit A, except or unless indicated othe wise herein.
2) Adopted City Council policies pertaining to the improvement panhandle lots shall be adhered to.
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I. 3) A parcel map shall be required. Additional frontage dedicati
and public frontage improvements shall be assured prior to parcel map approval.
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4) Concentrated storm drainage shall not cross the southwesterlj boundaries of the proposed lots without a written waiver by t downstream adjacent property owner.
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5) If the City Engnieer determines at the time of building plan submittal that the rear lot cannot be sewered by gravity to the sewer main in Hoover Street, the building pad shall be filled to a height enabling gravity flow, or a sewer pump in- stalled.
6) The rear lot shall contain one paved parking space in additio to the two spaces required by ordinance. The back up space for all parking spaces shall be sufficient to permit complete turn around.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlst
Planning Commission held on December 10, 1975, by the following vote, to wit
AYES : Commissioners Hatson, Dominguez, L'Heureux, Larson, Fike and Jose
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ABSTAIN : None 16
ABSENT : Commissioner Packard 15
NOES : None
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LpXL Dona d A. Agat
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