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HomeMy WebLinkAbout1978-01-25; Planning Commission; Resolution 1428f I1 W .c 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSTON XESOLUTION NO. 1428 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A VARIANCE TO ALLOW A 10' ENCROACHMENT INTO THE FRONT YARD AND A NON-CONFORMING REAR YARD SETBACK CAUSED BY REQUEST TO CONSOLIDATE ON PROPERTY GENERALLY LOCATED ON THE SOUTH EAST CORNER OF WALNUT AVENUE AND CARLSBAD BOULEVARD. CASE NO: V-274 APPLICANT: CHANDLER EDWARDS WHEREAS, a verified application for certain property to Lot 3 in Block "A" of Palisades, in the City of Carlsbal County of San Diego, State of California, according to Map thereof, No. 1747, filed in the office of the Count Recorder of San Diego County, February 5, 1923 has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a reques provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 14th day of December, 1977, hold a duly noticed public hearing, as prescr by law, to consider said request; and WHEREAS, at said public hearing, upon hearing and consi ing the testimony and arguments, if any, of all persons who desire to be heard, said Commission considered all factors relating to the Variance (V-274), and found the following fac and reasons to exist: 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 only reason the Variance is needed is because the structure is to be built over existing property lines and, by definition of the Code, the front yard will change from Carlsbad Boulevard to Walnut. I1 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 b) The parcel has the major frontage on Carlsbad Bouleva. 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 which is denied to the prop1 in question because: a) The Variance will allow development to occur as prese: permitted on most other property within this area. b) Additional residential units on Walnut have nonconfor: setbacks nearly the same as that being requested. c) The Planning Commission finds that the vehicle traffi will be diverted to Walnut so as to preclude it from coming out on Carlsbad Boulevard, thereby eliminating those accesses. 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) The development will appear similar to all the developments in the area. 4) The granting of the Variance will not adversely affect th comprehensive General Plan because: a) Granting the Variance will allow proper distance from noise eminating from Carlsbad Boulevard and eliminate access on Carlsbad Boulevard. NOW, THEREFORE, BE IT resolved by the Planning Commissi of the City of Carlsbad as f-llows: A) That the above recitations are true and correct. B) That in view of the findings heretofore made and consider the applicable law, the decision of the Planning Commissi is to approve the Variance (V-274), subject to the follow conditions: 1) Approval is granted for the land described in the applica and attachments thereto, and as shown on the plot plan su mitted, labeled Exhibit A, dated 11/3/77 and the location all buildings, parking, landscaping and other facilities shall be located substantially as shown on the plot plan. 2) Approval of this Variance is granted for a period of 18 m from the date of Planning Commission approval, however, t Variance shall remain active during the length of the cur sewer moratorium (Ordinance 7047) plus 120 days to acquir permits. .2 w v 1 2 3 4 3) A 20' side yard setback shall be maintained along Carlsba Boulevard, as presently existing and shown in Exhibit "A" An open space easement shall be recorded with the County Recorder to insure that this setback will remain open spa and no structures, other than fences or walls not exceedi 42" in height, are permitted. 5 4) Prior to issuance of a building permit, the applicant sha record a parcel map or adjustment plat in order to create 6 one lot. 7 // 5) Access rights along Carlsbad Boulevard shall be relinquis to the City. 8 9 6) Applicant shall offer to dedicate an additional right-of- of Carlsbad Boulevard and Walnut Avenue. return at a minimum radius of 25 feet at the northeast co 10 11 12 13 14 15 7) A wheelchair ramp shall be constructed at the northeast cl return of Carlsbad Boulevard and Walnut Avenue. 8) The applicant shall execute a Future Improvement Agreemen the widening of Carlsbad Boulevard along the property fro: 9) The existing driveway approach on Carlsbad Boulevard shal removed and replaced with new curb and gutter. LO) The broken sidewalk and curb along the frontage on Walnut Avenue and at the return shall be removed and replaced. l6 17 11) The fire hydrant requirements shall be as approved by the 21 13) In order to provide for reasonable fire protection during 2o of $4.08 per lineal foot. of the waterline along Carlsbad Boulevard frontage at a c8 19 pay the City the required reimbursement for the installat 12) Prior to issuance of the building permit, the applicant s 18 24 the satisfaction of the City Engineer. showing on-site and off-site drainage shall be submitted ' 23 14) Prior to issuance of the building permit, a drainage plan 22 access to all buildings. construction period, the applicant shall maintain vehicul; the following vote, to wit: 26 City of Carlsbad Planning Commission held on January 25, 1978 25 PASSED, APPROVED AND ADOPTED at a regular meeting of tht Fire Chief. 27 xxx 281) xxx *. 1 2 3 4 5 6 7 8 9 10 11 12 ai I /+ W v AYES: Commissioners Larson, Woodward, Fikes and L'Heurewr NOES : i ABSTAIN: Commissioner Jose and Chairman Rombotis ABSENT: ATTEST: 14 15 16 l? 18 19 20 21 22 23 24 25 26 27 28 .4