HomeMy WebLinkAbout1978-10-25; Planning Commission; Resolution 1474ll w w
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PLANNING COMEISSION RESOLUTION NO. 1474
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD APPROVING A VARIANCE TO REDUCE THE REAR
YARD SETBACK REQUIREMENT FROM 17 FEET TO 9 FEET TO
PERMIT INSTALLATION OF A PATIO COVER ON AN EXISTING
SINGLE FAMILY RESIDENCE.
CASE NO: V-284
APPLICANT: Joe Starich
II
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9 WHEREAS, a verified application for certain property to w:
LO Lot 22 of Carlsbad Tract 73-39 Unit No. 1 (Spinnaker Hill
Unit No. 11, in the City of Carlsbad, California, County
of San Diego, State of California, according to Map there(
San Diego County, November 5, 1976
11 No. 8404, filed in the Office of the County Recorder of
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has been filed with the City of Carlsbad and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a request (
provided by Title 21 of the Carlsbad Municipal Code: and
WHEREAS, the Planning Commission did on the 11th day of
October, 1978, hold a duly noticed public hearing as prescribec
law to consider said request; and
WHEREAS, at said public hearing, upon hearing and conside:
the testimony and arguments, if any, of all persons who desirec
to be heard, said Commission considered all factors relating t(
the Variance (V-2841, and found the following facts and reason
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exist:
That there are exceptional or extraordinary circumstances
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conditions applicable to the property or to the intended use t
not apply generally to the other property or class of use in t
vicinity and zone in that the subject site is 105' deep and th,
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additions such as patio covers. 2
building is 66’ long leaving a very limited amount of rear yarc
3 That such variance is necessary for the preservation and
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property in the same vicinity and zone but which is denied to t 5
enjoyment of a substantial property right possessed by other
those lots. 9
that would allow for additions to the rear of the houses occupy 8
and zone have a configuration and an arrangement of improvement 7
property in question because most of the lots in the same vicir 6
10 That the granting of such variance will not be materially
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improvements in such vicinity and zone in,,which the property is 12
detrimental to the public welfare or injurious to the property
provided between the improvements and the rear property line. 16
allow, and the next closest house. Adequate access (9’) would 15
proposed improvements, that the subject variance application wo 14
located because there is more than ample separation between the 13
the comprehensive general plan. 18
That the granting of such variance will not adversely affe 17
19 WHEREAS, the Planning Commission by the following vote
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1. Subject patio cover shall be substantially located as show 21
recommended APPROVAL of V-284 with the following conditions:
22 Exhibit A dated 10/11/78.
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3. If not excercised, this variance will expire within one ye 24
2. A building permit must be obtained prior to construction.
from the date of approval.
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AYES : Rombotis, Larson, Schick, Marcus, L'Heureux,
NOW, THEREFORE, BE IT RESOLVED that the above recitations 5
ABSTAIN: None 4
NOES : None 3
Wrench, Jose
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7 Introduced, approved and adopted this 11th day of October
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12 ATTEST :
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/Y&O /2 RLSBAD PLANNING COMMISSION
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STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO 1 CITY OF CARLSBAD 1 ss
I, JAMES C. HAGAMAN, Secretary to the Planning
Commission of the City of Carlsbad, California, do
hereby certify that the foregoing resolution was duly
introduced, approved and adopted by the Planning
Commission of the City of Carlsbad at a regular meeting
of said Commission held on the 25th day of October, 1978
by the following roll call vote:
AYES: Rombotis, L'Heureux, Schick, Wrench, Marcus, Jose,
NOES : None
ABSTAIN: ?JOne
ABSENT : None 7
RLSBAD PLAN OMMISSION