HomeMy WebLinkAbout1977-06-22; Planning Commission; Resolution 1380c . _. r' 0 9
I. I/ PLANNING COMMISSION RESOLUTION NO. 1380
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RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A VARIANCE FROM SECTION 21.44.160 OF THE CARLSBAD MUNICIPAL CODE TO ALLOW OPEN PARKING WITHOUT
PROVISIONS THAT IT BE SO LOCATED AND/OR CON-
STRUCTED THAT IT MAY LATER BE COVERED BY A
GARAGE STRUCTURE ON PROPERTY LOCATED ON THE NORTH SIDE OF CHINQUAPIN AVENUE BETWEEN INTER-
STATE 5 AND ADAMS STREET. CASE NO: V-268
APPLICANT: PHILIP NEWELL
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WHEREAS, a verified application for a certain property
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That portion of Tract 237 and of the northerly
half of Chinquapin Avenue of Thum Lands, in the
City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1681, filed in the office of the Recorder of said San Diego County, December 9, 1915
has been filed with the City of Carlsbad and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the "Carlsbad Municipal Code;" and 17
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24 conditions applicable to the property or to the intended
use that do no apply generally to the other property or c 25 of use in the same vicinity and zone because:
WHEREAS, the public hearing was held at the time and in
place specified in said notice on June 22, 1977; and
WHEREAS, at said public hearing, upon hearing and consid
the testimony and arguments, if any, of all persons who desir
to be heard, said Commission considered all factors relating
to the Variance and found the following facts and reasons to
1) There are exceptional or extraordinary circumstances or
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a) This property is composed of four remainder parcels
created by the Interstate 5 right-of-way acquisition that will be consolidated as a result of this project
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b) The length of the lot in relationship to its width
(after consolidation) provides poor access to the rea
and a reduced buildable area in comparison to other
lots in the same vicinity.
2) The variance is necessary for the preservation and enjoyml
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 properties in the same vicinity are wider in relationship to their depth which provides more flex-
ibility in design.
3) The granting of such variance will not be materially detr
mental to the public welfare or injurious to the property
or improvements in the vicinity and zone in which the
property is located because:
a) By condition, no covers over the open parking will be permitted and the existing units to the east will be separated from the proposed units by a minimum of 50
feet .
4) The granting of such variance will not adversely affect t:
comprehensive General Plan because:
a) The provision for open parking in the sideyard Will nl
affect the General Plan.
5) The subject application has complied with the requirement the Carlsbad Environmental Protection Ordinance of 1972
because :
a) Minor alterations in land use limitations are categor
exempted by Section 19.04.090 C.4.
6) The subject application is consistent with applicable Cit:
Public Facilities Policies and Ordinances because:
a) All public facilities, including sewers and schools, '
available to serve this project. Sewer capacity has
been reserved for this project because building plans were submitted to the City prior to the date the pres1
sewer moratorium went into effect.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commissio:
the City of Carlsbad as follows:
A) That the above recitations are true and correct.
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A .. 0
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- 11 L B) That a Variance from Sections 21.44.160 (1) and (6) of thc
conditions:
Zoning Ordinance to allow parking within the required sidc 2 yard setback be approved and is subject to the following
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1) The approval is granted for the land described in the
application and any attachments thereto, and as shown
on the plot plan submitted labeled Exhibit A, dated May 12, 1977. The location of all buildings, fences, parking, and other facilities or features shall be substantially as shown on said exhibit except or
unless indicated otherwise herein.
8 I/ 2) None of the parking along the easterly property line
shall ever be covered by a garage or carport structurl
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3) All of the conditions of Adjustment Plat No. 117, as
set forth by the City Engineer, shall be met.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the (
of Carlsbad Planning Commission held on June 22, 1977, by the
following vote, to wit:
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AYES : Commissioners Larson, Rombotis, L'Heureux,
Woodward, Jose, Watson.
NOES : None
l6 11 ABSENT: Commissioner Fikes
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ATTEST :
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