HomeMy WebLinkAbout1977-01-26; Planning Commission; Resolution 1318'y"' 7 .* e e
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PLANNING COMMISSION RESOLUTION NO. 1318
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That portion of Carlsbad, in the City of Carlsbad, 9
to wit: 8
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A VARIANCE FROM SECTION 21.1.6.030 AND. 21.16.040 OF
"' THE ZONE CODE TO ALLOW ENCROACHMENT OF PARKING ANI) CARPORTS INTO THE FRONT YARD AND SIDE YARD SETBACKS ON PROPERTY LOCATED ON THE
SECTION OF OAK AVENUE CA'SE NO.: V-267 APPLICANT: J. R. MEADOWS (AGENT)
WEST SIDE OF OCEAN STREET AT THE INTER-
WHEREAS, a verified application for a certain property,
in the County of San Diego, State of California,
office of the County Recorder of San Diego County .
cribed in the files in the Planning Department
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13 Planning Commission; and
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15 WHEREAS, the public hearing was held at the time and in
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place specified in said notice on January 26, 1977; and
to the Variance and found the following facts and reasons to 19
to be heard, said Commission considered all factors relating 18
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on February 2, 1887, and more particularly des- I1
according to Map thereof No. 365, filed in the
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the "Carlsbad Municipal Code;" an
WHEREAS, at said public hearing, upon hearing and considt
the testimony and arguments, if any, of all persons who desirc
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exist:
1) There are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and zone because:
a) The subject property has limited flat area for parking
b) Encroachment is necessary to enable required parking
unlike other properties in the R-3 zone.
to be provided with adequate back-up space.
2) The variance is necessary for the preservation and enjoyme of a substantial property right possessed by other propert in the same vicinity and zone but which is denied to the property in question because:
a) Over 17 variances of a similar nature have been grante to property owners on the west side of Ocean Street.
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3) The granting of such variance will not be materially detr mental to the public welfare or injurious to the propertj or improvements in the vicinity and zone in which the prc erty is located because:
a) Properties in the area have been allowed similar variances.
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5 built in similar locations.
6 c) Adjacent property to the south is owned by the State California. No structures are planned for this area
b) Adjacent properties to the north contain structures
7 by the State.
4) The granting of such variance will not adverselyaffect the. 8 prehensive General Plan because:
9 a) The reduction in the front yard setback will not affe 'the dwelling unit density for the subject location.
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the City of Carlsbad as follows:
the Zone Code to allow encroachment of parking and carpor 13 into the front yard and side yard setbacks be approved an
14 is subject to the following conditions:
NOW, THEREFORE, BE IT RESOLVED by the Planning Commissior
A) That the above recitations are true and correct.
B) That a Variance from Sections 21.16.030 and 21.1.6.040 of
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1) Approval is granted for the land described in the application and any attachments thereto, as shown on the plot plan submitted, labeled Exhibit A, dated December 16, 1976. The location of all features shal be located substantially as shown on the plot plan.
on the approved plot plan with no exceptions. 2) Encroachment into the yards will occur only as shown
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3) Covered parking is required for all spaces.
4) Approval herein will expire 3 years from the final ap proval date, if the structures permitted to encroach not constructed.
I PASSED, APPROVED AND ADOPTED at a regular meeting of the
of Carlsbad Planning Commission held on January 26, 1976,
by the following vote, to wit:
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xxxxxxx xxxxxxx
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1 AYES : COMMISSIONERS LARSON, L'HEUREUX, WATSON, FIKES, JOSE AND NELSON 2
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[+d- IC LARSON, CHAIRMAN
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ATTEST: . 11
NOES: NONE.
ABSENT: NONE.
ABSTAIN: . COMMISSIONER ROMBOTIS.
RALPK S. PLENDER, SECRETARY
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