HomeMy WebLinkAbout1977-07-27; Planning Commission; Resolution 1392rC a I/ e Q
1 PLANNING COMMISSION RESOLUTION NO. 1392
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RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A
TURE INTO THE REQUIRED REAR YARD SETBACK ON
PROPERTY LOCATED ON THE NORTHWEST CORNER OF
LA GRAN VIA AND LEVANTE STREET. CASE NO: V-269 APPLICANT: WAYNE GOSSETT
VARIANCE TO ALLOW THE ENCROACHMENT OF A STRUC-
7 /I WEREAS, a verified application for a certain property tc
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Lot 282 of La Costa South Unit No. 4 9
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Planning Commission; and XI.
has been filed with the City of Carlsbad and referred to the
12 WHEREAS, said verified application constitutes a request
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law, to consider said request; and I'
July, 1977, hold a duly noticed public hearing as prescribed b l5
WHEREAS, the Planning Commission did on the 27th day of 14
provided by Title 21 of the "Carlsbad Municipal Code;" and
17 WHEREAS, at said public hearing, upon hearing and conside
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the variance and found the following facts and reasons to exis 2o
to be heard, said Commission considered all factors relating tl I'
the testimony and arguments, if any, of all persons who desire
1) There are exceptional or extraordinary circumstances or
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conditions applicable to the property or to the intended u that do not apply generally to the other property or class of use in the same vicinity and zone because:
a) The subject lot is unusual in shape because of the two streets along the front sides and the two rear lines wl side along the adjoining lots.
26 ll b) The relationship of the existing structure to the side and rear property lines creates an unusual situation.
27 2) The variance is necessary for the preservation and enjoyer
the Same vicinity and zone but which is denied to the propr 28 of substantial property right possessed by other property '
in question because:
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a) The unusual lot configuration creates a required yard
that would prohibit a patio cover in the requested
location.
3) That the granting of such variance will not be materially
detrimental to the public welfare or injurious to the proF
or improvements in such vicinity and zone in which the prc
erty is located because:
a) The variance in surrounding lot grade levels provides
adequate structure separation.
b) The existing solid masonry wall on the subject lot prc
additional lot separation.
4) The granting of such variance will not adversely affect tl
comprehensive general plan because:
a) Yard variances, such as the subject request, do not c circumstances that would have negative affects on any element of 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) The proposed variance does not create the need of an]
additional public facilities or services.
NOW, THEREFORE, BE IT RESOLVED by the Planning Cornissic
i the City of Carlsbad as follows:
~ A) That the above recitations are true and correct.
1 B) That a Variance from Section 21.10.050 (C) of the Zoning Ordinance to allow the encroachment of a structure into
following conditions:
1) The approval is granted for the land described in th
on the plot plan submitted, labeled Exhibit "A", dat
6/3/77. The location of all features shall be locat
as shown on the plot plan.
I required rear yard setback be approved and is subject to
~ application and any attachments thereto, and as show
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2) The requested patio cover and existing concrete slak not be enclosed except with screening as approved bl; Fire Marshall.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
n held on July 27, 1977, b:
Commissioners Larson, Rombotis, L’Heureux,
Watson, Fikes, Jose, Woodward.
ABSENT : None
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ERIC LARSON, CHAIRMAN
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