HomeMy WebLinkAbout1978-08-09; Planning Commission; Resolution 14591
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PLANNING COl9lISSION RESOLUTION NUMBER 1459
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD CALIFORNIA, APPROVING A VARIANCE FROM SECTION 21.44.130 (7) OF THE ZONING ORDINANCE WHICH REQUIRES ONE OFF-STREET PARKING SPACE FOR EACH 100 SQUARE FEET OF GROSS FLOOR AREA FOR RESTAU- RANTS HAVING LESS THAN 4,000 SQUARE FEET
CASE NO. V-282 APPLICANT: JOHN A. McDONALD
WHEREAS, a verified application for certain property, to wit:
A portion of Block 15, town of Carlsbad, amended, per Map;
number 775 (365.535), and further identified as assessor's
Parcel number 203-261 -01 .
has been filed with the City of Carl sbad and referred to the P1 anning Com-
mission; and
WHEREAS, said verified application constitutes a request as provided
Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 26th day of July 1978, h
a duly noticed public hearing as prescribed by law to consider said reques
and
WHEREAS, as said pub1 ic hearing, upon hearing and considering the tes
mony and arguments, if any, of all persons who desired to be heard, said C
mission considered a1 1 factors re1 ating to the Variance (V-282) , and found
following facts and reasons to exist:
1 e There are special circumstances appl icabl e to the property that d
apply to other property in the vicinity:
a. The property is substandard in size.
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b. The property is irregular in shape.
c. Topograph prevents access from a1 1 street frontages.
2. Such variance is necessary for the preservation of a substantial
4 perty right possessed by other properties in the same vicinity and zone:
5 a. Many existing developments in the vicinity do not possess on-
6 street parking.
7 3. Granting of this variance will not be materially detrimental to t
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and zone in which the property is located. g
public welfare or injurious to the property or improvements in such vicini
10 a. The granting of such variance will eliminate an existing traf
11 hazard and provide on-street parking not now provided .
12 4. The granting of this variance wi 11 not adversl ey affect the compr
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1. That the above recitations are true and correct. 18
Carlsbad as follows: 17
NOW, THEREFORE, BE IT RESOLVED by the P1 anning Commission of the City 16
general plan designation for the subject site. 15
a. It will allow the expansion of a use which conforms with the 14
hensive general plan.
19 2. That in view of the findings heretofore made and considering the
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i ance (V-282), subject to the following conditions 21
applicable use, the decision of the Planning Commission is to APPROVE Vari
22 a. This variance is granted for the property described in the su
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except as provided herein. 26
and other facilities shall be located substantially as shown on the plot p 25
labeled Exhibit A 7/26/78. Location of a1 1 buildings, parking, landscapin 24
ject appl ication, Attachments thereto, and as shown on plot plan submi tte
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1 b. The applicant shall install landscaping and irrigation in
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Avenue, (B) instal 1 concrete sidewalk on Lincoln Street and (C) execute 9
street lights, street pavement and base, and including the return at Oak 8
on Carlsbad Boulevard, including curb and gutter, sidewalk, driveway, 7
c. The applicant shall (A) provide full 1/2 street improvements 6
of any building permits. 5
be submitted and approved by the Planning Department prior to issuance 4
scape and irrigation plan, utilizing water conservation measures, will 3
adjoining parkways in conjunction with public improvements. A land-
10 a lien contract agreement for future 1/2 street improvements on Oak Avenuc
I1 Approved improvement plans shall be completed for (A) above and bonds be
12 provided to guarantee the completion of (A) and (B) above prior to the
13 issuance of a building permit.
14 PASSED, APPROVED AND ADOPTED at a regular meeting of the City of
15 Carlsbad Planning Commission held on August 9, 1978 by the following vote,
16 to wit:
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AYES' Jose, Larson, Schick
ABSTA1N: L'Heureux, Rombotis, Wrench
AYES' Jose, Larson, Schick
NOES: None
ABSTA1N: L'Heureux, Rombotis, Wrench
ABSENT : None
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