HomeMy WebLinkAbout1978-02-08; Planning Commission; Resolution 1431ll \; 111) w
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PLANNING COMDIISSION RESOLUTION NO. 1431
RESOLUTION OF THE PLANNING COIPIISSION OF THE
CITY OF CARLSBAD, CALIFOPmIA, APPROVING A
VARIANCE FOR THE REDUCTION OF A REAR YARD SET- BACK FROM 20 FEET TO 5 FEET ON TWO SINGLE FAMILY LOTS IN THE R-1-10,OOO ZONE, ON PROPERTY
GENEPALLY LOCATED ON THE SOUTH SIDE OF ALMADEN LANE BETWEEN ZAMORA WAY AND ALGA ROAD.
CASE NO: V-275
APPLICANT: MIKE 0 ' HARA
WHEREAS, a verified application for certain property to
wit:
Lot 192 of La Costa Valley Unit No. 4, in the County of
San Diego, State of California, according to Map thereof
No. 5781, filed in the Office of County Recorder of San
Diego County, September 14, 1966.
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
WHEREAS, the Planning Commission did on the 25th day of
January, 1978, hold a duly noticed public hearing as prescrik
by law to consider said request; 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
the Variance and found the following facts and reasons to exi
1) There are exceptional circumstances to the property that not apply generally to the other property or class of USE the same vicinity and zone because:
a) The property rears to a golf course, thereby giving
sufficient open area, light and air, and distance bet
buildings.
b) Because of the golf course to the rear, the outdoor activity area is better suited in other yards, such as the front.
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2) The variance is desirable for the preservation and enjoyn of a property right possessed by other property in the SE
vicinity and zone which is denied to the property in que:
because:
a) The property directly to the west has a reduced rear
yard as approved through the PUD process. The home t
east is already set back on the lot to a point where
is some view blockage no matter how the subject prope is developed.
3) The granting of such variance will not be materially detr
mental to the public welfare or injurious to the property
improvements in the vicinity and zone in which the proper is located because:
a) There will be no view blockage or other nuisances crc by this request, except to the east, however, this
will occur even if subject property is built to the c
b) Other homes backing onto the golf course in the area
less than a 20 foot rear yard setback and no negative impacts have arisen.
c) By granting the variance as conditioned, the lot to 't
east will enjoy greater view than if the building had
been constructed to code requirements.
4) The granting of the variance will not adversely effect th comprehensive, General Plan because:
a) Less than a 20' rear yard setback will not affect dwe
unit density for the subject area.
b) Granting the variance will not adversely affect the 1
environment for the area.
NOW, THEREFORE, BE IT resolved by the Planning Commissio
the City of Carlsbad as follows:
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 to approve V-275, subject to the following conditions:
1) Approval is granted for the land described in the applica and attachments thereto shown on the plot plan submitted,
labeled Exhibit "B", dated January 17, 1978. The locatio
of all features shall be located substantially as shown o plot plan.
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1 2) The units shall be sited substantially as shown on the pl
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plan, particularly adhering to rear and side yard setbacli
substantially as shown on elevations labeled Exhibit "D",
3) Both residences shall be limited to one story and constrt 3
as approved on Exhibit "B" , dated January 17, 1978.
4 dated January 18, 1978.
5 PASSED, APPROVED AND ADOPTED at a regular meeting of the
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by the following vote, to wit: 7
City of Carlsbad Planning Commission held on February 8, 1972
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AYES : Commissioner Rombotis, L'Heureux, Woodwa:
NOES : None.
ABSENT : Yerkes.
ABSTAIN : None.
Larson, Jose, Fikes.
RY 1 ROMBOTIS /&& , Chairman
16 ATTEST:
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