HomeMy WebLinkAbout1979-11-14; Planning Commission; Resolution 1558- “5 0 0
I. I1 PLANNING COMMISSION =SOLUTION NO. 1558
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RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, DENYING A VARIANCE FROM
SECTIONS 21.47.130(1) (B) AND 21.47.130(11) (B) OF
THE CARLSBAD MUNICIPAL CODE FOR A SEVEN UNIT
CONDOMINIUM PROJECT ON PROPERTY GENERALLY LOCATED
ON THE WEST SIDE OF JEREZ COURT, NORTH OF GIBRALTER.
CASE NO. : V-294
APPLICANT: Courtyard Townhomes
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8 // WHEREAS, a verified application for certain property, tc
g wit: I/
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Lot 362 of La Costa South, Unit No. 5, in the County of San Diego, according to Map thereof No.
6600, filed in the Office of the County Recorder
of San Diego County, March 10, 1970
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a requesl
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, this project has been processed through enviror
review and is exempt as stated in Section 19.04.090(~)(4) of
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Carlsbad Municipal Code which exempts minor use limitations;
I WHEREAS, the Planning Commission did, on October 24, 19: 20
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hold a duly noticed, public hearing to consider said request;
WHEREAS, at said public hearing, upon hearing and consic
all testimony and arguments, if any, of all persons desiring
be heard, said Commission considered all factors relating to
Variance (V-294) and found the following facts and reasons tc
exist:
Findings
1) There are no exceptional or extraordinary circumstances or conditions applicable to the property or to the
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intended use that do not apply generally to the other
property or class of use in the same vicinity and zone.
a) The subject property is 90 feet wide and
175 feet long. Most surrounding lots have the same general dimensions. Other condos will be required to maintain the required setbacks. (Secti
21.47.130(1) (B)).
b) The requested common hot water meter is required
by the type of heating system, and not by the cir-
cumstances on the property. (Section 21.47.130(11)
2) This 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. No other
properties in the vicinity or zone have been granted si
a variance. All condominium development will be requir
to maintain the 10' setback (Section 21.47.130(1) (B) an
to provide individual water meters (Section 21.47.130(1
WHEREAS, the Planning Commission, by the following vote
denied V-294 without prejudice for the reasons as set forth
above.
AYES : Schick, Rombotis, Marcus, Jose, Larson
NOES : None
ABSENT : None
NOW, THEREFORE, BE IT HEREBY RESOLVED that the foregoin
19 11 1 recitations are true and correct.
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23 11 ATTEST:
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CARLSBAD PLANNING co ISS Y
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I 1 STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO
~ CITY OF CARLSBAD
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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 14th day of November, 1979
by the following roll call vote:
AYES : Schick, Rombotis, Freistedt, Marcus, Jose,
NOES : None
ABSTAIN : None
ABSENT : None
V-294
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