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HomeMy WebLinkAbout1979-10-10; Planning Commission; Resolution 1548. 0 0 1 PLANNING COMMISSION RESOLUTION NO. 1548 2 3 4 5 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING A VARIANCE FOR THE REDUCTION IN THE REQUIRED SIDE YAl?D SETBACK TO ZERO FEET IN ORDER TO ALLOW A ROOF EXTENSION ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF COLIBRI LANE BETWEEN EL GAVILAN COURT AND FLAMENGO STREET. 6 7 CASE NO. : V-293 APPLICANT: D.C. PAZNY 8 ii WHEREAS, a verified application has been filed with the 9 IO 11 12 13 14 15 City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Cod( the Planning Commission did on the 12th day of September, 197' hold a duly noticed, public hearing to consider said applicat on property described as: 16 17 l8 I Lot 74 of Carlsbad Tract No. 73-29 in the City of Carlsbad (Carrillo Estates Unit No 1) , County of San Diego, State of California, according to Map thereof No. 8506, filed in the Office of the County Recorder of San Diego County, February 28, 1977. 19 I WHEREAS, the subject property has complied with the requ ments of the City of Carlsbad Environmental Protection Ordina of 1972 and the State Environmental Quality Act in that the project is categorically exempt under Section 19.04.090 (c) ( which exempts minor alterations in land use limitations, incl side yard and setback variances; and 20 21 22 23 24 25 26 27 28 WHEREAS, at said public hearing a staff report was submi and all persons desiring to speak were heard. At the conclus of said hearing, upon consideration of all evidence presentec .. 0 0 1 2 3 4 5 the Planning Commission found the following facts and reasons to exist: 1. That there are not exceptional or extraordinary circumstz or conditions applicable to the property that do not appl generally to the other property in the same vicinity and zone since the subject property is generally level and similar in nature to others in the immediate area. ~ 6 7 8 9 10 11 12 13 14 15 16 17 2. That such variance is not necessary for the preservation enjoyment of a substantial property right possessed by 01 property in the same vicinity and zone, but which is den: to the property in question, since all other properties : immediate area has met the required setbacks of the unde~ zone. 3. That the granting of the variance may be materially detr. to the public welfare or injurious to the property or im! ments in such vicinity and zone in which the property is located since the project may set an undesirable precede: for similar proposals which tend to reduce light and air circulation, in addition to blocking emergency access ant increasing the change of fire being passed from one strul to another. WHEREAS, the Planning Commission, by the following vote, DENIED V-293 for the reasons as set forth above: AYES : L'Heureux, Rornbotis, Schick, Marcus, Jose, Larson 18 21 20 ABSENT : Wrench 19 NOES : None NOW, THEREFORE, BE IT HEREBY RESOLVED that the above recitations are true and correct. 22 23 24 25 )I ATTEST: 26 27 ,3 28 ,,'*"'.' *"- "/&g;-<7&;c2 pq// i ..- i /+-& 1 _< d'&&y4:g5- I ,.' '8. . . '- ,/" i ,/- ..* I /'' // " /"I1 / 7 8 /' .L. f' .i *L 0 0 1 CITY OF CARLSBAD 1 ss 2 COUNTY OF SAN DIEGO 1 STATE OF CALIFORNIA 1 3 4 I, JAMES C. HAGAMAN, Secretary to the Planning 5 of said Commission held on the 10th day of October, 1979, g 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 10 11 by the following roll call vote: 12 13 15 14 " fi , . .,? ,..' 16 AYES : NOES : Schick, Rombotis, Marcus, Jose, Larson None ABSTAIN: N~~~ ABSENT : None ,/q ,/ '<.- .- .JAAfl."? 2 -a7 .~ ;7 , 4.-.edA/4/1Jc ,'.-I 17 " S C . "HAGmY.J;; 'Sgteye5ary /,,,$tEsBAD PLANNIhG ,.~mISSION 18 , ,,: ,I .. ,' .: I .,I' ~,. (// 19 ,/ v-293 i ,, I, 9 20 21 22 23 24 25 26 27 28