HomeMy WebLinkAbout1979-05-09; Planning Commission; Resolution 1512t '8 ': .I
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PLANNING COMMISSION RESOLUTION NO. 1512
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
VARIANCE TO: 1) SECTION 21.10.080(a) (1) TO REDUCE
REQUIRED LOT WIDTH FROM 60 FEET TO 53 FEET: 2)
SECTION 21.10.040 (a) (1) TO REDUCE THE REQUIRED
SIDE YARD FROM 5.3 FEET TO 4 FEET TO ALLOW FOR A
GARAGE: 3) SECTION 21,10.080(d) (4) TO ALLOW A
PANHANDLE THAT IS 346 FEET INSTEAD OF THE MAXIMUM
OF 150 FEET; AND APPROVING THE DEVELOPMENT OF A
PANHANDLE LOT AS PERMITTED IN SECTION 21.10.080,
ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE
OF MAGNOLIA STREET BETWEEN GRECOURT WAY AND ADAMS STREET.
CASE NO: V-288/MS-391
APPLICANT: Justo & Sylvia Castaneda
WHEREAS, a verified application for certain property, t wit:
A portion of Tract 241 of Thum Lands, City of
Carlsbad, County of San Diego, Assessor's Parcel
NO. 205-28-10
has been filed with the City of Carlsbad and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a reques as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 25th day of
April, 1979, hold a duly noticed public hearing as prescribe
law to consider said request; and
WHEREAS, the City of Carlsbad has determined V-288/MS-I to be consistent with the City of Carlsbad's Environmental Protection Ordinance because it is categorically exempt fror review according to Section 19.04.090(4) which exempts parcc splits in an urbanized R-1 Zone, and panhandles lot deter-
minations; and
WHEREAS, at said public hearing, upon hearing and cons:
the testimony and arguments, if any, of all persons who des: to be heard, said Commission considered all factors relatinc
the Variance (V-288) and Minor Subdivision (MS-391) and foul
the following facts and reasons to exist:
v-288
1. There are exceptional or extraordinary circumstances 0:
conditions applicable to the property that do not apply gent
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to the other property in the same vicinity and zone.
a. The existing parcel is 73 feet wide at the front
property line and 217 feet wide at the rear resul in an IIL" shaped lot. (Section 21.41.080(a) (1)).
b. This "L" shaped lot does not have adequate width
allow a 20 foot panhandle and a standard 60 foot lot. (Section 21.41.080(a) (1)).
c. The remainder of the block is developed with sing
family homes through the use of panhandles, priva
easements and short cul-de-sacs. (Section 21.41.
d. The location of the existing garage does not allo
a 20 foot panhandle, plus the required 5.3 foot
side yard. (Section 21.10.040(a) (1)).
e. There is an existing private easement on the east
which can also be used as access to Parcel 2. A1
this will eliminate the creation of another long
driveway opening onto the street, it creates a 34
foot side yard. (Section 21.10.040(a) (1)).
2. The variance is necessary for the preservation of a su
stantial property right possessed by other property in the
vicinity and zone but which is denied this property.
a. A panhandle lot is the only logical way to develc
this property.
b. Placing the panhandle on the north is the logical location due to the existing easement and drivewa
c. Other properties in the block have been developed in a similar manner.
3. The variance is not detrimental to the surrounding prc
a. The surrounding properties are developed in a sin
manner.
b. There will be no additional units, only the rep12
ment of an existing structure.
4. The variance is consistent with the General Plan becal
approval will allow development within the density limits E will upgrade the current housing stock.
5. The granting of the variance will not have the effect
granting a special privilege not shared by other property j
the vicinity and zone.
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MS-391
1. The panhandle lot is consistent with the General Plan :
cause it is within the allowed density.
2. The property cannot be adequately served by a public
street.
a. The lot is "L" shaped and has only 73 feet of str
frontage.
b. No public or private streets are projected for th
interior of this block.
3. This panhandle lot will not preclude public street acc to other properties in the same block.
a. No public streets are projected for this block.
b. Other properties in the block have already been d
veloped.
4. The buildable portion of the lot is 13,340 square feet is 115 feet by 114.98 feet.
5. The panhandle portion of the lot is 346 feet long and
feet wide.
6. The front lot line is the easternmost line of the buil area of Parcel 2.
7. The proposed map is consistent with applicable City
Public Facilities Policies and Ordinances.
a. There are two sewer connections on the property.
b. All other necessary public facilities, including
schools, are available to serve the project.
WHEREAS, the Planning Commission, by the following voi
approved V-288/MS-391 subject to certain conditions:
V-288
1. Approval is granted for Parcel 1 on Exhibit A, dated ;
4, 1979.
2. Approval is for a variance from:
1) Section 21.10.080(a) (1) to allow a 53 foot wide
2) Section 21.10.040 (a) (1) to reduce the required s
yard to 4 feet to allow for the garage
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3) Section 21.10.080(a) (4) to allow a panhandle that
346 feet long.
3. Additional structures in the narrow portion of Parcel
shall be limited to mailboxes, fences, trash enclosures,
landscape containers and nameplates. Except for mailboxes,
the structures shall not be greater than 42 inches in heigh
if located within 20 feet of the street property line.
4. The house on the front of the lot shall be demolished
before the final parcel map is recorded.
MS-391
1. The yard requirements shall be the same as for the
R-1-7500 zone.
2.
POI on
An improved driveway shall be provided within the acce
*tion of the lot from the public street to the parking ax the buildable lot at least twenty feet wide. The minimv overhead clearance shall be 13'6". The driveway shall be
constructed to accommodate public service vehicles with a n
of two-inch thich asphalt concrete paving on proper base wi
rolled edges, and shall not be constructed prior to the
completion of the construction phase of the project.
3. At all times during said construction phase, passible
access shall be maintained to all rear properties served bl
that easement.
4. Drainage from the lot shall be channeled down the pril
access to a public street or special drainage means must be
provided to the satisfaction of the City Engineer.
5. The lot shall have three nontandem parking spaces wit1 approach not less than twenty-four feet in length with pro1
turnaround space to permit complete turnaround for forward access to the street. The parking and access arrangement :
be designed to the satisfaction of the City Engineer.
6. Structures permitted in the access portion of the lot
shall be limited to mailboxes, fences, trash enclosures, 1:
scape containers and nameplates. Except for mailboxes, tht
structures shall not be greater than forty-two inches in
height if located within twenty feet of the street proeprt]
or greater than six feet in height beyond this point.
7. The pzoperty owner of such a lot shall agree to hold '
City or any other public service agency harmless from liab:
for any damage to the driveway when being used to perform i public service.
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8. Access from Parcel 1 shall be from the panhandle. The applicant shall waive all other access rights from Magnoliz Avenue to Parcel 1.
AYES : L'Heureux, Rombotis, Schick, Larson
Jose, Marcus
NOES : None
ABSENT : Wrench
NOW, THEREFORE, BE IT HEREBY RESOLTVED, that the abow
recitations are true and correct.
STEPHQn M. L I HEURBUX , Chairm:
CARLSBAD PLANNING COMMISSION
ATTEST :
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 9th day of May, 1979,
by the following roll call vote:
AYES : L'Heureux, Rombotis, Schick, Marcus, LarSOn
NOES : None
ABSTAIN : None
ABSENT: Jose, Wrench
V-288/MS-391
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