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HomeMy WebLinkAbout1976-04-14; Planning Commission; Resolution 1236I/ e e 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 PLANNING COMMISSION RESOLUTION NO. 1236 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROV- ING A VARIANCE TO PERMIT THE CREATION OF TWO LOTS WITH SUBSTANDARD LOT WIDTHS ON PROPERTY LOCATED ON THE EAST SIDE OF PARK BETWEEN HILLSIDE AND ADAMS. APPLICANT: DOUGLAS HARWOOD (AGENT) CASE NO.: V-259 WHEREAS, a verified application for a certain property, to wit: A portion of Lot "I" RANCHO AGUA HEDIONDA, in the County of San Diego, State of Cali- fornia, according to the map thereof No. 823, filed in the office of the County Recorder of said San Diego County, November 16, 1896, and more particularly described in the files in the Planning Dept. , and A portion of Lot 1 in Block 'IF" of BELLAVISTA, in the County of San Diego, State of California, according to map thereof No. 2152, filed in the office of the County Recorder of said County, March 7, 1929, and more particularly described in the files in the Planning Department has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a reques as provided by Title 21 of the "Carlsbad Municipal Code"; an WHEREAS, the public hearing was held at the time and in the place specified in said notice on April 14, 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 will be available and current with need; and WHEREAS, the subject application has complied with the requirements of the City of Carlsbad "Environmental Protecti Ordinance of 1972" because the request is categorically exen ll e e 1 Ordinance, by Section 19.04.090 (4)(IV); and 2 from the requirements of the Carlsbad Environmental Protecti 3 WHEREAS, at said public hearing, upon hearing and consi 4 7 related to the Variance and found the following facts and 6 desired to be heard, said Commission considered all factors 5 ering the testimony and arguments, if any, of all perons who reasons to exist: 8 9 10 1) There are exceptional or extraordinary circumstanc or conditions applicable to the property or to the tended use that do not apply generally to the othe property or class of use in the same vicinity and zone because: XI. I1 a) The property has extremely unusual topography 12 13 b) The property is unusual in shape with limited street frontage. 14 15 2) The variance is necessary for the preservation and enjoyment of a substantial property right possesse by other property in the same vicinity and zone bu which is denied to the property in question becaus 16 17 18 19 20 21 a) Other properties in the area have been subdiv into lots of 7500 square feet. b) Without a variance the subject property woulc unable to provide adequate street frontage fc the proposed subdivision. 3) The granting of a variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located because: 1 22 23 a) Street frontage improvements will be guarantt by agreement, to the satisfaction of the CitJ Engineer. 24 25 26 27 28 b) Lots to be created will be significantly lar! than City requirements. c) A public street for the project is not feasil because of topographic constraints. 4) The variance will not adversely affect the comprel sive General Plan because: - -2- // w W I/ 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a) The General Plan allows for a higher density than will result from subdivision of the propt with the proposed variance. b) The General Plan calls for infilling of propel in areas already developed. 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 on the East side of Park between Hillside and Adams be approved and is subject to the following conditions : 1) The approval is granted for the land describe in the application and any attachments thereto, as shown on the plot plan submitted labeled Exhibit A dated 1/30/76. The location of all features shall be located substantially as shown on the plot plan labeled Exhibit A, except or unless indicated othe wise herein. 2) Adopted City Council Policies, dated February 19, 1963 and September 19, 1972, pertaining to the improvements of pandhandle lots shall be adhered t 3) A parcel map shall be required, and in order relieve a potentially unsafe unsightly driveway, access for proposed lot 3 may be taken from the dr way to lot 2 by easement. 4) Each proposed lot shall contain its own sewer lateral. The City will require a sewer main reimbursement from this property as stipulated by prior agreement. PASSED, APPROVED AND ADOPTED at a regular meeting of th City of Carlsbad Planning Commission on April 14, 1976, by the following vote, to wit: AYES: Commissioners L'Heureux, Jose, Fikes, Larson and Jose. NOES: None ABSENT: Commissioners Watson and Dominguez ABSTAIN: None -3- v 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 w 0 1 ATTEST: Oonald K Agat -4-