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HomeMy WebLinkAbout1976-05-26; Planning Commission; Resolution 1258v. .- . 1 2 3 4 5 6 c m PLANNING COMMISSION RESOLUTION NO. 1258 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING A VARIANCE FROM SECTION 21.10.080 OF THE ZONING ORDINANCE TO ALLOW CREATION OF A ON THE NORTH SIDE OF PINE AVENUE BETWEEN McKINLEY AND EUREKA. APPLICANT: CYNTHIA McPHERSON SUBSTANDARD-WIDTH LOT ON PROPERTY LOCATED CASE NO. : V-263 7 /I 8 9 wit: WHEREAS, a verified application for a certain property, t 10 11 12 That portion of Lot 10 of Subdivision of Tracts 114 and 120 of Carlsbad Lands, County of San Diego, Sate of California, according to the map thereof No. 1744, filed in the Office of the County Recorder of San Diego County, January 3, 1923 l3 Planning Commission; and l4 has been filed with the City of Carlsbad and referred to the as provided by Title 21 of the "Carlsbad Municipal Code"; and l6 WHEREAS, said verified application constitutes a request 15 17 ;I WHEREAS, the public hearing was held at the time and in l8 the place specified in said notice on May 26, 1976; and 19 20 21 sired to be heard, said Commission considered all factors re- 22 lating to the Variance and found the following facts and reaso 23 to exist: 24 1) There are no exceptional or extraordinary circumstances 25 or conditions applicable to the property or to the intendl 26 use in the same vicinity and zone because: 27 a) There are many similar sized lots in the general are' 28 b) The topography is relatively flat. WHEREAS, at said public hearing, upon hearing and conside ing the testimony and arguments, if any, of all persons who de use that apply generally to the other property or class o z -i -. * 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 I 0 m 2) Such variance is not necessary for the preservation and and enjoyment of a substantial property right possessed by other property in the same vicinity because: a) All property in the same vicinity is similarly 3) The granting of such variance will adversely affect the devel oped. comprehensive General Plan because: a) Subdividing the property will limit the possibility for higher density on the property. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the above recitations are true and correct. B) That a Variance is denied to allow creation of a substand width lot on property located on the north side of Pine A between McKinley and Eureka. PASSED, APPROVED AND ADOPTED at a regular meeting of the of Carlsbad Planning Commission held on May 26, 1976 by the fa ing vote, to wit: AYES: Comrni ssioners Jose, Fi kes , Ne1 son , L 'Heureux, Larson, Dominguez and Watson. NOES : None Stephen'". L'Heukeux,(Chairman ATTEST: @PL k Dondld A. Agatep, Secu'etary ~ 11 -2-