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HomeMy WebLinkAbout1978-10-25; Planning Commission; Resolution 1477w W 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING CO_"ISSION RESOLUTION NO. 1477 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD APPROVING A VARIANCE TO ALLOW CREATION OF TWO LOTS, ONE OF WHICH HAVING AN AREA LESS THAN THE REQUIRED 15,000 SQUARE FEET IN THE R-1-15,000 ZONE. CASE NO. : V-286 APPLICANT : Bruce Pahl WHEREAS, a verified application for certain property to Lots 8 and 10 in Block C of Bella Vista, in the City of Carlsbad, County of San Diego, State of California according to Map thereof No. 2152, filed in the office of the County Recorder of San Diego County, March 7, 1929 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 11 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 prescrik law to consider said request; and WHEREAS, at said public hearing, upon hearing and consid the testimony and arguments, if any, of all persons who desir to be heard, said Commission considered all factors relating Variance (V-286) and found the following facts and reasons tc The variance is necessary for the preservation and enjoy of a substantial property right possessed by other property the same vicinity and zone, but which is currently being deni to the subject property. That the granting of such variance will not be material1 detrimental to the public welfare or injurious to the propert I/ w 0 1 located. 2 improvements in such vicinity and zone in which the property 3 That the granting of such variance will not adversely af 4 5 the comprehensive general plan because the general plan densii granted. 6 for this area will not be violated should the proposed varianc 7 That there are exceptional or extraordinary circumstance: 8 9 conditions applicable to the property or to the intended use the same vicinity and zone because the need for a variance is 10 do not apply generally to the other property or class of use : 11 to a governmental requirement for a street dedication. 12 13 These findings are for a variance from the minimum lot s: 14 21 allows for a reduction in lot size due to dedication of proper 20 required by Section 21.10.060 of the Carlsbad Municipal Code E 19 1. This approval is for a variance from the minimum lot siz€ 18 APPROVED V-286 with the following conditions: 17 WHEREAS, the Planning Commission by the following vote 16 for septic requirements. 15 for the zone and not for any other purposes such as minimum SL for public right-of-way. 22 2. Applicant shall file and process a tentative and final Z3 parcel map. The configuration of lots shall be substantially 24 shown Exhibit "A" dated 10/11/78. 25 3. The owner shall offer a 5' strip of land along Adams Stre 26 on the tentative parcel map when submitted. 27 4. Prior to recordation of the final parcel map, the owner 28 shall execute a lien contract agreement for future half street -2- I1 W 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 improvements along Adams Street. 5. Prior to occupancy of any new development within the pro] the Adams Street right-of-way shall be graded under a permit the City Engineer 6. The owner shall privide access to both lots via the pan' 7. Applicant to provide one fire hydrant, as required by th Department, prior to issuance of building permits for any new development. AYES: Rombotis, Larson, Schick, Marcus, L'Beureux, Wrench, Jose NOES : None ABSTAIN: None NOW, THEREFORE. BE IT RESOLVED that the above recitations true and correct. TIS, Chairman - ANNING COMMISSION 19 II ATTEST: SBAD PLANNING 24 25 26 27 28 -3- w w 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 : L'Heureux, Schick, Wrench, Marcus, Jose, Lars NOES : None ABSTAIN: Rombotis ABSENT : None