HomeMy WebLinkAbout1977-10-05; Planning Commission; Resolution 1403-
I- . I/ W- -w
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
PLANNING COMMISSION RESOLUTION NO. 1403
RESOLUTION OF THE PLANNING COMP4ISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
VARIANCE FROM SECTION 21.10.040 OF THE CARLSBAD MUNICIPAL CODE TO ALLOW THE CREATION OF A LOT
WITH A LOT LINE 3.5 FEET FROM AN EXISTING
RESIDENCE AND 2 FEET FROM AN EXISTING GUEST
HOUSE ON PROPERTY GENERALLY LOCATED ON THE SOUTH
SIDE OF MAGNOLIA AVENUE BETWEEN ADAMS STREET
AND GRECOURT WAY.
CASE NO: V-272
APPLICANT : SAM GENDUSA
WHEREAS, pursuant to the provisions of the Municipal Codc
the Planning Commission did on September 28, 1977, hold a dul:
noticed public hearing to consider a request by Sam Gendusa fc
a variance from Section 21.10.040 of the Carlsbad Municipal Cc
to allow the reduction of a sideyard setback to allow the crei
of a lot with a lot line of 3.5' from an existing residence a1
2' from an existing guest house when the code requires 6' on
property generally located on the south side of Magnolia Aveni
between Adams Street and Grecourt Way, and more particularly
described as:
That portion of Tract 241 of Thums 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 County Recorder of San Diego County, December 9,
1915
and ;
WHEREAS, the Planning Director has determined that the
granting of the variance will have a nonsignificant impact on
environment and has reported that a negative declaration for
following reasons has been filed for this project and that th,
project is in full compliance with the City of Carlsbad's Env
mental Protection Ordinance of 1972; and
xxx
* a ,. ” I/ W- --m
1 WHEREAS, at said hearing a staff report was presented ant 2(1 all persons desiring to speak on the subject variance request 3/1 were heard. At the conclusion of said hearing, after conside
4
findings and reached a decision on the variance request as he 5
all the evidence presented, the Planning Commission made cert
611 after set forth: and
7 11 WHEREAS, the Planning Commission recognized that the str
8
9
to the rear of the main residence is a guest house.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commissio
10
11
12
13
14
15
16
17
18
19
20
of the City of Carlsbad as follows:
A) That the above recitations are true and correct.
B) That the Planning Commission makes the following findings
fact:
1) There are exceptional or extraordinary circumstances or
conditions applicable to the property or to the intended
that do not apply generally to the other property or clas
of use in the same vicinity and zone because:
a) The placement of the existing house does not provide the required twenty (20) foot panhandle plus the requ six (6) foot sideyard setback.
2) The variance is necessary for the preservation and enjoy
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:
21 ll a) A panhandle is the only logical way to gain access tc
vacant rear portion of this lot and the establishment
22
23
24
25
26
27
28
I
the required twenty (20) foot panhandle creates the r for the sideyard variance.
3) That the granting of such variance will not be material11
detrimental to the public welfare or injurious to the prc or improvements in such vicinity and zone in which the pl
is located because:
a) Since no structures are permitted within the panhandl
there will actually be at least twenty-two (22) feet
clearance between the house and the adjacent propert:
the east and no detrimental effect is envisioned.
xxx
n .L
,- I/ w- "
ll
1
2
4) The granting of such variance will not adversely affect tl
comprehensive general plan because:
3
4
a) Yard variances, such as the subject request, do not
create circumstances that would have negative affects
any element of the General Plan.
The subject application has complied with the requirement: 5/1 5, the Carlsbad Environmental Protection Ordinance of 1972
6!
71
because :
i a) Minor alterations in land use limitations are categor
exempted by Section 19.04.090 C.4.
8
9
6) The subject application is consistent with applicable Cit
10
Public Facilities Policies and Ordinances because:
a) The proposed variance does not create the need of any
additional public facilities or services.
XI. 11 That the above findings satisfy all the requirements of
l2
No. V-272, a request for a variance from the terms of Section 16
the applicable law, the decision of the Planning Commission i l5
That in view of the findings heretofore made and consider 14
issuance of the variance. l3
Section 21.10.040 of the Carlsbad Municipal Code regarding th
l" (I 21.10.040 of the Carlsbad Municipal Code to allow the creatic
18(( a lot with a lot line of 3.5' from an existing residence and ''11 from an existing guest house is to grant the variance subject
20
21
22
1) The approval is granted for the land described in the apF
cation and any attachments thereto, and as shown on the E
23
plan submitted, labeled Exhibit "A", dated 8/4/77. The
plan.
location of all features shall be located as shown on the
24
25
26
27
28 Commission by the following vote, to wit:
the following conditions:
2) The applicant shall comply with the requirements of the C
in processing a minor subdivision to create the panhandle
PASSED, APPROVED AND ADOPTED at a regular meeting held or
the 5th day of October, 1977, by the Carlsbad City Planning
/I .3
" -w
1
2
AYES: Commissioner Larson, Rombotis, Woodward, Fikes,
NOES : L' Heureux
ABSTAIN: Commissioner Jose
ABSENT: Commissioner Watson
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
.4
II