HomeMy WebLinkAbout1979-08-22; Planning Commission; Resolution 15414
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PLANNING COMMISSION RESOLUTION NO. 1541
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, DENYING A VARIANCE TO
REDUCE THE REQUIRED REAR YARD SETBACK TO PERMIT
CONSTRUCTION OF A BUILDING ADDITION ON PROPERTY
GENERALLY LOCATED ON THE WEST SIDE OF AMES PLACE
BETWEEN CHESTNUT AVENUE AND NAPLES COURT.
CASE NO. : V-292
APPLICANT: DENNIS & BARBARA DRESSER
WHEREAS, a verified application for certain property, tc
Lot 36 of Carlsbad Tract 74-15(a), in the City of
Carlsbad, County of San Diego, State of California,
according to Map thereof No, 9595, filed in the
Office of the County Recorder of San Diego County,
May 27, 1979,
has been filed with the City of Carlsbad and referred to the
Planning Commission; and
WHEREAS, the City of Carlsbad has determined that the
Variance is consistent with the City of Carlsbad's Environmel
Protection Ordinance because it is categorically exempt as pc
Section 19.04.090 (C.4) which exempts minor lot line adjustmc
and variances for setbacks; and
WHEREAS, said verified application constitutes a request
provided by Title 21 of the Carlsbad Municipal Code: and
WHEREAS, the Planning Commission did on the 25th day of
July and the 8th day of August, 1979, hold a duly noticed, PC
hearing as prescribed by 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
the Variance-292, and found the following facts and reasons
to exist:
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1 /j Findings
2 1) There are no exceptional or extraordinary circumstances
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or conditions applicable to the property or to the
property or class of use in the same vicinity and zone intended use that do not apply generally to the other
4 because :
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a) The lot configuration is not unique. Approximately
half of the lots in Unit No. 1 have depths similar to that of the subject property.
b) The topography of the lot is regular and relatively
flat.
c) The buildable area of the subject property does not
differ greatly from those parcels immediately adjace
The additional land area of the neighboring properti to the north is unbuildable. This land is a 2:l
slope and a dedicated open space easement.
2) Such variance is not necessary for the preservation and
enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which
is denied to the property in question because:
a) An enclosed jacuzzi could be constructed on the subject property without necessitating a variance to the zoning ordinance.
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nificantly from that of the subject property. 17
b) The buildable area of adjacent lots and those parcels in the same vicinity does not vary sig-
18 i WHEREAS, the Planning Commission, by the following vote,
20 AYES : L'Heureux, Larson, Wrench, Jose
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NOW, THEREFORE, BE IT HEREBY RESOLVED that the foregoing 22
NOES : Rombotis, Schick, Marcus
19 1 DENIED V-292:
23 recitations are true and correct. r\
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26 1) ATTEST: 7
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CARLSBAD
1 1 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 22nd day of August, 1979,
by the following roll call vote:
AYES : L'Heureu, Rombotis, Schick, Wrench, Marcus, i
NOES : None
ABSTAIN : None
ABSENT : Larson
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