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HomeMy WebLinkAbout1979-05-23; Planning Commission; Resolution 1518e i. I1 w w A 1 2 3 4 5 6 7 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 II 8 9 10 11 12 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 13 16 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 18 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 21 26 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 28 exist: - A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 w w 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. // -2- CI . - /I w W I I! 1 2. A building permit must be obtained prior to constructioi the new garage and conversion of the old garage to living arc 2 5 4 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, 6 7 AYES : L'Heureux, Rombotis, Marcus, Schick, Larson 8 9 10 NOES : None ABSTAIN : None ABSENT : Wrench, Jose I.3. /I NOW, THEREFORE, BE IT HEREBY RESOLVED that the above 12 13 recitations are true and correct. 14 15 STEPHEi?? M. L'HEUREUX,J Cl CARISBAD PLANNING COMMIE 16 17 ATTEST : 22 23 24 25 26 27 28 -3- 1 I -. - 1 2 3 4 5 6 7 8 9 x0 11 12 13 14 15 16 17 18 19 I 2o i 21 22 23 24 25 26 27 28 ! w W 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./ -4- I