HomeMy WebLinkAbout1980-03-26; Planning Commission; Resolution 1618*,." . .
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PLANNING COl4MISSION FESOLUTION NO. 1618
RESOLUTION OF THE PLANNING COP4MISSLON OF THE CITY OF
CARLSBAD APPROVING A VARIANCE TO ALLOW A PCEDUCTION OF
THE SIDEYAXD AND FRONTYARD REQUIREMENTS, AND AN INCREAI
OF THE BUILDING HEIGHT LIMIT.
CASE NO. : V-301
APPLICANT: SANDY
WHEREAS, a verified application for certain property
to wit:
Lots 43, 44, 45 and 46 in Block "A" of Hayes Land
Company Addition to Carlsbad, Map No. 2 in the City
of Carlsbad, County of San Diego, according to the
Map thereof No. 1221 filed in the Office of the
County Recorder of San Diego County, Noverber 4, 1909.
has been filed with the City of Carlsbad and referred to thl
ning Commission; and
WHEREAS, said verified application constitutes a reque
provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 26th day o
1980, hold a duly noticed public hearing as prescribed by 1
consider said request; and
WHEREAS, at said public hearing, upon hearing and cons
the testimony and arguments, if any, of all persons who des
to be heard, said Commission considered all factors relatin
i the Variance (V-301) and found the following facts and reas
~ exist:
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That there are exceptional or extraordinary circunstan
or conditions applicable to the property or to the intended
that do not generally apply to the other property or class
in the same vicinity and zone.
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'C. -
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1 That such variance is necessary for the preservation and
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enjoyment of a substantial property right possessed by other
property in the same vicinity and zone.
4 That the granting of such variance will not be materiall)
5 detrimental to the public welfare or injurious to the propert]
6 or improvements in such vicinity and zone in which the proper:
7 j/ is located.
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the comprehensive General Plan. 9
That the granting of such variance will not adversely af:
10 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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the Commission recormends APFROVAL of V-301, based on thl 14
B) That based on the evidence presented at the public heari: l3
A) That the above recitations are true and correct. l2
Corrmission as fol1ows:
foregoing findings and subject to the following conditio
I.5 I/ CQnditions
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1) Approval is granted for V-301 as shown on Exhibits A & E
dated 2/8/80, on file in the Planning Department and inc
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porated by reference. Development shall be substantial1
as shown in this exhibit except as otherwise noted in tk
1 2) The front setback shall be 4 feet measured from the futx I'
conditions.
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22 4) The building height shall not exceed 40' for any structL
right-of-way line.
3) The side yard setback along the north property line shal be 7 feet.
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5) This approval is expressly conditioned on the payment bl the applicant for a public facilities fee as required bl City Council Policy No. 17, dated August 29, 1979, on f6
with the City Clerk and incorporated herein by reference
and according to the agreement executed by the applicanl
for payment of said fee. A copy of that agreement, datc
March 5, 1980, is on file with the City Clerk and
incorporated herein by reference. If said fee is not
paid as promised, this application will not be consistel
with the General Plan and the project cannot proceed an(
this approval shall be void.
11 FC RES0 #1618 ll -2-
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1 PASSED, APPROVED AND ADOPTED at a regular meeting of thE
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on the 26th day of March, 1980, by the following vote, to wit 3
Planning Commission of the City of Carlsbad, California, helc
4 AYES: Schick, Friestedt, Marcus, Leeds, Jose
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ABSENT : None 6
NOES: Larson
ABSTAIN: Rombotis 7
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10 CARLSBAD PLANNING CO" SSION
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ATTEST :
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CXALSBAD PLANN~NG .G~MMISSION
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PC RES0 #1618