HomeMy WebLinkAbout1976-10-13; Planning Commission; Resolution 1288I .- ;*7 - li 0
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PLANNING COMMISSION RESOLUTION NO. 1288
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A VARIANCE FROM SECTION 21.10.030 OF THE ZONE CODE TO CONSTR'JCT A STRUCTURE IN THE
4448 HIGHLAND DRIVE.
I APPLICANT: MARTHA GUARDAMONDO
FRONT-YARD SETBACK ON PROPERTY LOCATED AT
CASE NO. : V-265
f5 /I 7/1 WHEREAS, a verified application for a certain property, t
811 wit:
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All that portion of Lot 12 in Block "E" of Bella Vista in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 2152, filed in the office of the County Recorder of said San Diego County, March 7, 1929
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has been filed with the City of Carlsbad and referred to the 1
ning Commission; and
WHEREAS, said verified application constitutes a request
151\provided by Title 21 of the "Carlsbad Municipal Code"; and
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I"7 place specified in said notice on October 13, 1976; and
WHEREAS, the public hearing was held at the time and in
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WHEREAS, at said public hearing, upon hearing and consid
!the testimony and arguments, if any, of all perons who desire
201ibe heard, said Commission considered all factors relating to
"IiVariance and found the following facts and reasons to exist:
22 1) There are exceptional or extraordinary circumstances or
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b) The depth of the buildable area is further reduced 26
a) The lot is abnormally shaped, having essentially tl 25
class of use in the same vicinity and zone because: 24
use that do not apply generally to the other property 01
conditions applicable to the property or to the intendec
the steep topography of the site and adjacent prop
same depth as width;
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2) The Variance is necessary for the preservation and enjoym of a substantial property right possessed by other proper in the same vicinity and zone but which is denied to the property in question because:
a) Other property possesses the right to develop a sing
b) The subject parcel is denied the right to develop ac ing to the design proposed because of the shallow de of the buildable area.
family residence of the design proposed;
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The granting of such variance will not be materially detr mental to the public welfare or injurious to the property improvements in the vicinity and zone in which the proper is located because:
a) Locating the house toward the front of the lot prote it from the fire hazard of the overgrown slope at th rear of the lot; and
b) The proposed location of the house will not intrude on the view of Agua Hedionda Lagoon from the house t the north.
The granting of such variance will not adversely affect t comprehensive General Plan because:
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a) The reduction in the front yard setback will not aff the dwelling unit density for the subject location. (( NOW, THEREFORE, BE IT RESOLVED by the Planning Commissior 17
the City of Carlsbad as follows:
A) That the above recitations are true and correct.
B) That a Variance from Section 21.10.030 of the Zone Code 1
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20 construct a structure in the front-yard setback be appro\ and is subject to the following conditions:
1) Approval is granted for the land described in the
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22 application and any attachments thereto, as shown
23 on the plot plan submitted, labeled Exhibit A, datec September 10, 1976. The location of all features st
24 I1 be located substantially as shown on the plot plan.
25 Ii 2) Encroachment into the front yard will occur only as shown on the approved plot plan with no exceptions.
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3) The applicant shall maintain an all-weather walk on
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sides of the structure.
4) Prior to issuance of a building permit , the appl ical shall dedicate, for street purposes, an additional ! feet along the lot frontage and shall execute a lie1
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contract agreement for future installation of comple public improvements in Highland Avenue along the lot frontage on the basis of a 30-foot half-street sectil according to the City of Carlsbad Standards, all in accordance with Chapter 18.40 of the Carlsbad Munici Code.
5) The ultimate Highland Drive right-of-way shall be gr and slopes and/or retaining walls along the right-of shall be constructed on the lot prior to the constru of the residence.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
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following vote, to wit: 9
of Carlsbad Planning Commission held on October 13, 1976 by th
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AYES: Commissioners Jose, L'Heureux, Fikes, Nelson, L and Rombotis.
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NOES: None.
ABSENT: Commissioner Watson.
ABSTAIN: None.
Steph8'n M. L'hgureplx, Chair
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IlATTEST: 1
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