HomeMy WebLinkAbout1980-01-09; Planning Commission; Resolution 15834 // 0 0
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PLANNING COMMISSION RESOLUTION NO. 1583
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING A VARIANCE TO
REDUCE THE FRONT YARD SETBACK FROM 50 FEET TO 25 FEET; THE REAR YARD SETBACK FROM 25 FEET TO
VARIABLE 0 TO 25 FEET; SIDE YARD SETBACK FROM
20 FEET TO VARIABLE 0 TO 20 FEET ON PROPERTY
LOCATED ON THE SOUTH SIDE OF PALOMAR AIRPORT
ROAD BETWEEN YARROW AND EL CAMINO REAL
CASE NO. : V-296
APPLICANT: BIRTCHER-PACIFIC
WHEREAS, a verified application for certain property,
to-wit:
Parcels A and B of Parcel Map 4713, being a resubdivis of Lot 2 of Carlsbad Tract 73-49, Map No. 8054 as file in the Office of the County Recorder of San Diego Coun
has been filed with the City of Carlsbad, and referred to t
Planning Commission: and
WHEREAS, said verified application constitutes a reque
as provided by Title 21 of the Carlsbad Municipal Code: and
WHEREAS, this project has been processed through envir
mental review as required in Title 19, the Environmental
Protection Ordinance, and has been found to be categorical1
exempt as per Section 19.04.080(a)(8) which exempts minor
changes in land use limitations.
WHEREAS, the Planning Commission did, on the 12th day
of December, 1979, hold a duly noticed public hearing as prc
scribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and cons.
dering all testimony and arguments, if any, of all persons
desiring to be heard, said Commission considered all factor:
relating to V-296 and
WHEREAS, the Planning Commission, by the following votl
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111 denied the variance based on the following findings:
2 11 Findings
3 1) There are no exceptional or extraordinary circumstancc
applicable to the property that do not apply generall; 4 to other property in the same vicinity and zone.
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a) Surrounding properties in the PM zone were also
required to provide adequate access to their lot:
b) Other properties have been developed through the
use of man-made slopes which may extend into
buildable area.
9 2) This variance is not necessary for the preservation ar
enjoyment of a substantial property right possessed bl
other property in the same vicinity and zone. 10
a) Other properties in the PM zone have been require 11 to develop according to the setback requirements.
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3) This variance would constitute a special prvilege
b) Other properties are required to provide access t 15
required to meet the standards of the PM zone. 14
because:
a) Surrounding properties have been and will be
16 /I the lots without necessitating reduced setbacks.
17 improvements in the vicinity and zone because:
4) This variance would be detrimental to the property ane
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,g' /
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a) It would reduce the quality of the area by allowi
0 foot setbacks and by eliminating a considerable
amount of open space and landscaping.
b) The open space and landscaping are an integral part of the quality of development in the PM zone
AYES: Schick, Rombotis, Jose, Leeds, Marcus, Larso
NOES : None
NOW, THEREFORE, BE IT HEREBY RESOLVED that the foregoi
recitations are true and corr
CARLSBAD PLANNING COM!!!!k ION ATTEST : q>fl s e fi/" ../ %&&-fQ/, ./&$$,
,-/J~Es c . yAFecre<Zry
" ~ARLSBAD P ANNZNG COMMISSION
"P .C. Resolut.&n 1583
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STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CARLSBAD 1
I, JAMES C. HAGAMAN, Secretary to the Planning Commiss
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 regc
meeting of said Commission held on the 9th day of January, 1
by the following roll call vote:
AYES : Marcus, Larson, Schick, Leeds.
NOES : None.
ABSTAIN: None
ABSENT: Friestedt, Jose.
7 fl "' 7 ,*;: ,/ .,/ q&d&"- i _.I' ,yke-&2=&5L&? JVS C. HRGW, SFcretary
~RLSBAD PLANNING~OMMISSIOB
,/' J
V-296 ,/ -.'
PC RES0 # 1583
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