HomeMy WebLinkAbout1979-05-23; Planning Commission; Resolution 1518e
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PLANNING COMMISSION RESOLUTION #1518
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING A VARIANCE TO
THE ZONING CODE, SECTION 21.08.05@(1) (a), TO PERMIT
A NON-DWELLING ACCESSORY BUILDING WITHIN A REQUIRED
SIDE YARD ON PROPERTY LOCATED ON THE NORTH SIDE OF
RIDGECREST DRIVE BETWEEN SEACREST DRIVE AND RIDGE-
CREST DRIVE.
CASE NO: V-289
APPLICANT: BONAGURA, LUCAS
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WHEREAS, a verified application for certain property, tc
wit:
Lot 72 of Seacrest Estates, Unit No. 2, in the
City of Carlsbad, County of San Diego, State of Califorr
according to Map thereof No. 4280 filed in the Office
of the County Recorder of San Diego County, July 28, 195
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WHEREAS, said verified application constitutes a request 15
Planning Commission; and 14
has been filed with the City of Carlsbad and referred to the
as provided by Title 21 of the Carlsbad Municipal Code; and
17 WHEREAS, the Planning Commission did on the 9th day of
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by law to consider said request; and 19
May of 1979, hold a duly noticed public hearing as prescribed
20 WHEREAS, the City of Carlsbad has determined V-289 to bs
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the testimony and arguments, if any, of all persons who desir 25
WHEREAS, at said public hearing, upon hearing and consid 24
minor lot line adjustments and variances for setbacks; and 23
Protection Ordinance by Section 19.04.090 (C.4) which exemptE 22
exempt from the requirements of the Carlsbad Environmental
the Variance (V-289) and found the following facts and reasor 27
to be heard, said Commission considered all factors relating
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1. There are exceptional and extraordinary circumstances app
able to the property and to the intended use that do not appl:
generally to the other property or class of use in the same
vicinity and zone because:
a. The configuration of the lot is unusual, a revers1
pie. The majority of the lots in the area have a more
regular rectangular shape:
b. The topography of the property is severe. The re
sidence was constructed on a natural grade, leaving a
severe slope from the main living area to the driveway
elevation.
2. The Variance is necessary for the preservation and enjoy
ment of a substantial property right possessed by other prope
in the same vicinity and zone in which the property is locate
because :
a. Under strict enforcement of the zoning ordinance, the applicant would be denied a detached garage due to
topographic problems and the narrow configuration of the
lot at the rear. This property right is enjoyed by othe
homeowners in this zone;
b. Denial of this variance would constitute an unnec hardship to the applicant and would be inconsistent with
the general intent of the zone requirements.
3. The granting of the variance will not be materially detr
mental to public welfare or injurious to the property or
improvements in the vicinity and zone in which the property i
located because:
a. The height of the proposed garage would be sub-
stantially the same as that of the existing bank and block WE
Construction of a garage would, therefore, not result in a vj
blockage, nor would it encroach into the privacy of surroundj
proeprties.
4. The granting of the variance will not adversely affect .
comprehensive general plan because it will not result in den:
pursuant to the general plan, nor will it adversely affect tl
living environment for the area.
WHEREAS, the Planning Commission, by the following Vote
approved V-289, subject to certain conditions:
1. Subject garage shall be substantially located as shown I
the site plan of V-289 labeled as Exhibit A, dated March 22,
1979, on file in the Planning Department.
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1 2. A building permit must be obtained prior to constructioi
the new garage and conversion of the old garage to living arc
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labeled Exhibit E, dated March 22, 1979, on file in the Plan] 3
3. In no event shall the height of the garage exceed, by mc
than one foot, that height specified in the submitted plan,
Department .
4. If not exercised, this variance will expire within one ;
from the date of approval,
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7 AYES : L'Heureux, Rombotis, Marcus, Schick, Larson
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NOES : None
ABSTAIN : None
ABSENT : Wrench, Jose
I.3. /I NOW, THEREFORE, BE IT HEREBY RESOLVED that the above
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recitations are true and correct.
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15 STEPHEi?? M. L'HEUREUX,J Cl
CARISBAD PLANNING COMMIE
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17 ATTEST :
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STATE OF CALIFORNIA 1
COUNTY OF SAN DIEGO 1 ss
CITY OF CARLSBAD 1
I, JAMES C. HAGAMAN, Secretary to the Planning Commissi
of the City of Carlsbad, California, do hereby certify that
foregoing resolution was duly introduced, approved and adopt
by the Planning Commission of the City of Carlsbad at a regu
meeting of said Commission held on the 23rd day of May,
1979, by the following roll call vote:
AYES : L'Heureux, Marcus, Schick, Larson
NOES : None
ABSTAIN: Wrench, Jose
ABSENT: Rombotis
.Y
V-289 Jj@. I./
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