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HomeMy WebLinkAbout1978-03-22; Planning Commission; Resolution 1438w 0 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. 1438 RESOLUTION OF THE PLAIIINING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A VARIANCE OF R-3 ZONE SIDE YARD REQUIREMENT OF 7.5’ TO 5‘ FOR GARAGE ONLY ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF OCEAN STREET NORTH OF PACIFIC AVENUE. CASE NO: V-276 APPLICANT: J. SCOTT CARTER WHEREAS, a verified application for certain property to wit: Lot 2, Granville Park, in the County of San Diego, Stat( of California, according to Map thereof No. 1782, filed in the Office of the County Recorder of San Diego Count] February 21, 1924. Excepting therefrom that portion thereof, if any, lying below the mean high tide line of the Pacific Ocean has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a requesi as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 8th day of March, 1978, hold a duly noticed public hearing as prescribe( by law to consider said request; and WHEREAS, at said public hearing, upon hearing and consic the testimony and arguments, if any, of all persons who desil to be heard, said Commission considered all factors relating the Variance (V-276), and found the following facts and reasc to exist: 1. The variance is necessary for the preservation and enjoy1 of a substantial property right possessed by other the same vicinity and zone but which is denled to t rope’ e in question. Pr( a) The development of Ocean Street originally was very : and recently similar variances have been granted to ( tinue this type of intense development. r0 m 1 2 3 4 5 6 7 a 9 LO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. 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) Other properties in the area enjoy 5' side yard setba b) It has been determined that 5' side yards will provid adequate access for safety services. 3. The granting of such variance will not adversely affect t comprehensive General Plan, because: a) The reduction in side yard will not increase the dwel unit density for the subject location. 4. 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 subject property has a limited area available to vehicular access which can be feasibly developed for parking purposes. NOW, THEREFORE, BE IT resolved by the Planning Commissic of 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 Variance (V-276), subject to the following conditions: 1) Encroachment into the side yard may occur only as shown c approved plot plan known as Exhibit "B", dated January 2C 1978, with no exceptions. 2) The fire department requests a two hour fire wall for the portion of the structure encroaching into the side yard setback. 3) Approval herein shall expire three years from the final approval date, if the structure permitted to encroach is constructed. PASSED, APPROVED AND ADOPTED at a regular meeting of thc City of Carlsbad Planning Commission held on March 22, 1978, by the following vote, to wit: xxx .2 I/ @ 0 1 AYES : Comnissioner L'Heureux, Rmbotis, Larson, Fikes. 2 3 4 5 6 7 8 9 10 11 12 !X" 14 15 16 17 18 NOES : None. ABSENT : Camnissioner Wccdward. ABSTAIN : Ccmissioner Jose, Yerkes . ATTEST : /""~ " *' 7 -2 f ,2 , :;;.,.' ,&~s +E"ZAb&.,' sqakerA ":'" . .I ,/ / ,/' 19 I 2o I 21 22 23 24 II 25 26 27 28 .3