HomeMy WebLinkAbout1976-03-10; Planning Commission; Resolution 1221c - /I * 0
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PLANNING COMMISSION RESOLUTION NO. 1221
RESOLUTION OF THE PLANNING COMMISSION OF
ING A VARIANCE TO PERMIT THE CREATION OF TWO LOTS WITH SUBSTANDARD LOT WIDTHS ON PROPERTY LOCATED AT THE NORTHWEST CORNER OF MONROE STREET AND PARK DRIVE.
APPLICANT: MICHAEL STRAUB (AGENT)
THE CITY OF CARLSBAD, CALIFORNIA, APPROV-
CASE NO. V-258
WHEREAS, a verified application for a certain property,
to wit:
A portion of Lot 1, and of the Northeasterly 30.76 feet of Lot 2 in Block 'IC" of BELLA- VISTA, and a portion of Lot 1 and the north- east 30.76 feet of Lot 2 in Block ''GI' of BELLAVISTA, City of Carlsbad, Map 21 52 1 has been filed with the City of Carlsbad and referred to the
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as provided by Title 21 of the "Carlsbad Municipal Code"; and l6
WHEREAS, said verified application constitutes a request 15
Planning Commission; and
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WHEREAS, the public hearing was held at the time and in 1 the place specified in said notice on March 10, 1976; and
WHEREAS, the applicant has complied with the Public
Facility Policy of the City of Carlsbad and has provided
the necessary information which ensures Public Facilities wil
be available and current with need; and
WHEREAS, the subject application has complied with the
requirements of the City of Carlsbad "Environmental Protectio
Ordinance of 1972" because the request is categorically exemp
from the requirements of the Carlsbad Environmental Protectio 1 Ordinance Section 19.04.090(4iv); and
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2 sidering the testimony and arguments, if any, of all persons
WHEREAS, at said public hearing, upon hearing and con-
311 who desired to be heard, said Commission considered all fact *
reasons to exist: 5
relating to the Variance and found the following facts and
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a
1) There are exceptional or extraordinanry circumstan or conditions applicable to the property or to the intended use that do not apply generally to the ot property or class of use in the same vicinity and
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a) The existing parcels are both over 30,000 sql feet; others in the area are 7,500 square fee The street frontage available to the subject property is not sufficient to allow creation the desired additional lots.
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b) The subject property is in a location that WI not be adequate to accommodate an interior s system.
2) A variance is necessary for the preservation and 1 joyment of a substantial property right possessed by other property in the same vicinity and zone,
I which is denied to the property in question. 16 a) Other property owners in the vicinity have b
17 granted the right to create 7,500 square foo
property or improvements in such vicinity and zor
3) The granting of such variance will not be materia 19
approval. to a comparable size is denied without varia 18
lots. The right to subdivide the subject lo
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in which the property is located. 21
detrimental to the public welfare or injurious to
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a) The use of the resulting lots will be the si as the surrounding lots; however, the new 1( will be substantially larger.
24 II b) Conditions will be imposed to ensure mitiga. of possible lot drainage problems.
25 i 4) The granting of this variance will not adversely
26 the General Plan.
27 (i a) The General Plan would allow more intensive use than the resulting development.
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NOW, THEREFORE, BE IT RESOLVED by the Planning Commissic
of the City of Carlsbad as follows:
A) That the above recitations are true and correct.
B) That a Variance to allow the creation of two lots with substandard lot widths on property located at the northwest corner of Monroe Street and Park Drive be approved and is subject to the following conditions:
1 ) Approval is granted for the land described in the application and any attachments thereto, and as shown on the Plot Plan submitted, label Exhibit A, dated 1/30/76.
) Prior to acceptance of applications for minor subdivision of the subject property, a lot lir adjustment will be finalized separating the tv existing parcels along the boundary between ' panhandles in accordance with the provisions of Title 20 of the Municipal Code, as shown on Plot Plan, Exhibit B, dated 2/23/76.
3) Grading and lot drainage of the subject proper ties shall be approved by the City Engineer.
4) Private sewer easement(s) must be approved by City Council prior to building permits for the lot(s) that can sewer by gravity to the exist-
ing sewer main in Park Drive.
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5) The variance is granted provided that all necessary public improvements as required by the City and approved by the City Engineer are guaranteed at the time of development.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City of Carlsbad Planning Commission on March 10, 1976, by th
following vote, to wit:
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AYES : Commissioners Dominguez, Jose, L'Heureux, Lars and Watson
NOES : None
ABSENT: Commissioner Fi kes 1
ATTEST:
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