HomeMy WebLinkAbout1978-06-28; Planning Commission; Resolution 1448r
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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
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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.
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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.
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25 ATTEST :
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/ JpRv ROMBOTIS, Chairman U'