HomeMy WebLinkAbout1981-01-14; Planning Commission; Resolution 1747c 1- e e
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A RESOLUTION OF THE PLANNING COMMISSION OF THE 2
PLANNING COMMISSION RESOLUTION NO. 1747
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APPLICANT: ZANDER 5
LOCATED ON THE WEST SIDE OF GIBRALTAR STREET 4
TO ALLOW CONSTRUCTION OF A SIX-FOOT HIGH WALL 3
CITY OF CARLSBAD, CALIFORNIA, APPROVING A VARIANCE
WITHIN THE FRONT YARD SETBACK ON PROPERTY GENERALLY
BETWEEN JEREZ COURT AND SAN MARCOS CANYON.
CASE NO: V-316
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WHEREAS, a verified application for certain property, to
Lot 1 of Tract 77-14, according to Map 9094 filed
January 26, 1979.
9 has been filed with the City of Carlsbad, and referred to the
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11 WHEREAS, said verified application constitutes a request
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WHEREAS, the Planning Commission did, on the 14th day of 13
as provided by Title 21 of the Carlsbad Municipal Code; and
heard, said Commission considered all factors relating to V-31 18
all testimony and arguments, if any, of all persons desiring t 17
WHEREAS, at said public hearing, upon hearing and conside 16
by law to consider said request; and 15
January, 1981, hold a duly noticed public hearing as prescribe 14
19 ! NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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B) That based on the evidence presented at the public hearir 22
A) That the foregoing recitations are true and correct. 21
Commission of the City of Carlsbad as follows:
23 I1 the Commission APPROVES V-316, based on the following
findings :
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1 1) That there are exceptional or extraordinary circumstance! 25
Findings:
applicable to this property that do not apply generally 1 26 other property in the same vicinity and zone as detailed
27 in the staff report.
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2) That the subject property is being denied a substantial
property right possessed by other property in the same vicinity and zone because the orientation of the rear
yards towards the street, limit the unit's privacy without the proposed 6' walls. Futher, that the streets higher elevation in relation to the rear
yards decreases privacy to these units.
3) That the granting of such variance would not be material
detrimental to the public welfare and injurious to other property in the vicinity and that such Variance will not
adversely affect the General Plan.
Conditions:
1) The developer shall install 24" box street trees at the equivalent of 40 foot intervals along all public street
frontages in conformance with the City of Carlsbad stand The trees shall be of a variety selected from the approv
Street Tree List and shall be installed prior to final :
1 occupancy of any units.
12 PASSED, APPROVED AND ADOPTED at a regular meeting of the
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the 14th day of January, 1981, by the following vote, to wit: 14
Planning Commission of the City of Carlsbad, California, held
AYES: Chairman Marcus, Commissioners L'Heureux, Rombot
16 NOES: None. Leeds, Larson, Friestedt, and Jose.
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ABSENT: None.
ABSTAIN : None.
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21 ATTEST:
7 %\ 'O*f I CUS, Chairman
PLANNING COMMISS
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PC RES0 #1747 -2-