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HomeMy WebLinkAbout1979-06-27; Planning Commission; Resolution 1529.? ". c. * * 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 PLANNING COI~ISSION RESOLUTION NO. 1529 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CALRSBAD, CALIFORNIA, SETTING FORTH ITS FINDING THAT APPLICANT'S REQUEST TO ALLOW AN EXISTING 8 FOOT WALL AROUND A SPA ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF CACATUA STREET BETWEEN EL FUERTE AND ESTURION DOES NOT MEET THE INTENT AND PURPOSE OF THE CARLSBAD MUNICIPAL CODE, SECTION 21.46.130. CASE NO. : PCF- 18 APPLICANT: JOHN BRUCE WHEREAS, in November of 1978 applicant was granted a building permit for the construction of a spa; and WHEREAS, the applicant is requesting Planning Commission approval to allow him to keep an 8 foot wall around the spa; : WHEREAS , Section 21.46.130 of the Carlsbad Municipal Cod€ allows that fences and walls up to 6 feet in height in resider zones in the side and rear yards may be permitted by the Planr and Building Departments when the safety and welfare of the gc public are not imposed upon; and WHEREAS, in any "R" zone any fence that exceeds 6 feet , 1 special uses or under special circumstances may be granted by Planning Commission and subject to the conditions imposed by t Commission; and 22 WHEREAS, the Planning Commission did on June 13, 1979, 23 1. The 8 foot fence does not preserve the privacy of the spa 26 and reasons to exist: 25 and upon such review and consideration, found the following fs 24 consider the submitted plans and correspondence of the applica 27 28 2- The structure encroaches into the rear and side yards ani does not maintain adequate separation. 0 e 1 3. The structure appears to be a building without a roof. 2 WHEREAS, the Planning Commission, by the following vote, 3 referenced above. 4 denied applicant's request (PCF-18) for those reasons as 5 6 AYES : L'Heureux, Rombotis, Schick, Wrench, NOES : None Marcus, Jose, Larson 7 NOW, THEWFORE, BE IT HEREBY RESOLVED, that the above 8 9 recitations are true and correct, ,"- -. 10 11 12 13 14 15 19 fl 18 19 I' I I ~ /" <-i,~ .. >\+ . i i, , ,.-lAy*v"'.., ' . - ""-.,' q-l e"&. , y~<..~L,LL*4! /' STEPHEN; E. L ' HEURE Cya i~ CARLSBAD PLANNING &h41jESI( & ATTEST: I? -rc -2- 2o /I 21 22 23 24 25 26 27 28 0 e 1 STATE OF CALIFORNIA ) 2 3 CITY OF CARLSBAD COUNTY OF SAN DIEGO ) ) ss 4 I, JAMES C. HAGAMAN, Secretary to the Planning 5 Commission of the City of Carlsbad at a regular meeting 8 introduced, approved and adopted by the Planning 7 hereby certify that the foregoing resolution was duly 6 Commission of the City of Carlsbad, California, do of said Commission held on the 27th day of June, 1979 9 10 by the following roll call vote: 11 AYES : L'Heureux, Rombotis, Schick, Marcus, Jose, Lar! 12 NOES : None 13 ABSENT: Wrench 14 ABSTAIN: None 15 16 17 18 PCF-18 19 I 20 21 22 23 24 25 I 26 27 28