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HomeMy WebLinkAbout1978-06-28; Planning Commission; Resolution 1448r 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 w w PLANNING COMMISSION RESOLUTION NO. 1448 RESOLUTION OF THE PLANNING CO?~'D!lISSION OF THE CITY OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A VARIANCE TO REDUCE REQUIRED REAR YARD SETBACK FROM SEVENTEEN FEET TO SEVEN FEET CASE NO. V-280 APPLICANT: ARTHUR H. GERHARD WHEREAS, a verified application for certain property to wit: Lot 47 of La Costa Valley Unit No. 1 according to Map thereof No. 5434, filed in the office of the County Recorder of San Diego County on July 29, 1964 has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a requesl as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the Fourteenth day of June, 1978, hold a duly noticed public hearing as prescribed 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 desired to be heard, said Commission considered all factors relating to the V-280 and found the following facts and reasc to exist: 1. There are exceptional or extraordinary circurnstancc or conditions applicable to the property or to the intended I that do not apply generally to the other property or class ol -1- I 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 w w use in the same vicinity and zone because: a. The configuration of the lot is unusual. A st: application of the rear yard requirement would not fulfill thl intent of the regulations. b. The property rears on a golf course thereby gi. sufficient open area, light and air, and distance between bui. 2. The variance is desirable for the preservation and ( ment of a property right possessed by other property in the Si vicinity and zone because: a. The city has already granted variances to encr into rear yards for other properties that back up to the same course. b. The "surroundings" a portion of which is a go1 course, constitutes a special circumstance in that future dev ment to the rear of the subject property is precluded. 3. The granting of such variance will not be material1 deterimental to the public welfare or injurious to the proper or improvements in such vicinity and zone in which the proper is located. a. The granting of the variance will not result i a view blockage from or an encroachment into the privacy of surrounding properties. 4. The granting of the variance will not adversely aff the comprehensive general plan because: a. It will not result in an increase in density pursuant to the general plan, nor will it adversely affect tt living environment for the area. // -2- 1 !I w - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NOW, THEREFORE, BE IT resolved by the Planning Commissio~ of the City of Carlsbad as follows: That the above recitation are true and correct. That in view of the findings heretofore made and conside the applicable law, the decision of the Planning Commission i to approve the V-280, subject to the following conditions: 1. Approval is granted for the land described in the application and any attachments thereto as shown on the plan submitted. The location of all features shall be located subs tially as shown on the plan as submitted. 2. Encroachment into the rear yard will occur only as shown on the approved plot plan with no exceptions. PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad Planning Commission held on June 28, 1978 by the following vote, to wit: AYES: Conmissioner woodward, Rambotis, Schick, Larson l8 II NOES: None. 19 It I ABSENT : Conmissioner L'Heureux, Jose, Wrench. 2o II ABSTAIN : None. 21 22 23 24 25 ATTEST : - - SL& - / JpRv ROMBOTIS, Chairman U'