HomeMy WebLinkAbout1981-11-18; Planning Commission; Resolution 18880 -\ e 0
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PLANNING COMMISSION RESOLUTION NO. 1888
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A VARI-
ANCE TO REDUCE THE REQUIRED REAR YARD SETBACK
FROM 10' TO 5' ON PROPERTY GENERALLY LOCATED ON
THE WEST SIDE OF GARFIELD STREET BETWEEN JUNIPER
AVENUE AND CHERRY AVENUE
APPLICANT: MORSE
CASE NO: V-328
WHEREAS, a verified application for certain property, to
wit:
The north easterly 73' of lot B, block 2 of Palasades
Heights according to Map 1777 filed January 11, 1924
has been filed with the 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, the Planning Commission did on the 18th day of
November, 1981, hold a duly noticed public hearing as prescri'
by law to consider said request: and
WHEREAS, at said public hearing, upon hearing and conside
all testimony and arguments, if any, of all persons desiring
be heard, said Commission considered all factors relating to
V- 328: and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Corn
sion as follows:
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the public hearin
the Commission APPROVES V-328, based on the following
findings and subject to the following conditions:
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1 Findings
2 1) That there are exceptional or extraordinary circumstances
conditions applicable to the property or to the intended 1:
use in the same vicinity or zone as the lot is substandard
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both area and depth as compared to other lots in the area. 4
that do not apply generally to the other property or class
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2) That such variance is necessary for the preservation and e
joyment of a substantial property right possessed by other
property in the same vicinity and zone but which is denied
the property in question because the applicant could not
otherwise enlarge the residence and other properties in th
vicinity enjoy reduced side yards.
3) That the granting of such variance will not be detrimental
the public welfare or injurious to the property or improve
ments in such vicinity and zone in which the property is 1 cated.
4) That the granting of such variance will not adversely affe
the comprehensive General Plan.
Conditions
14 General Conditions:
15 1) Approval is granted for V-328, as shown on Exhibit A, date October 13, 1981, incorporated by reference and on file in
the Planning Department. Development shall occur substan- 16 tially as shown unless otherwise noted in these conditions
I? 2) This project is approved upon the express condition that t
applicant shall pay a public facilities fee as required by 18 City Council Policy No. 17, dated August 29, 1979, on file
with the City Clerk and incorporated herein by reference, l9 1 according to the agreement executed by the applicant for p
ment of said fee a copy of that agreement dated September
1981 is on file with the City Clerk and incorporated herei 2o I
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by reference. If said fee is not paid as promised, this a: plication will not be consistent with the General Plan and
approval for this project shall be void.
23 3) Approval of this request shall not excuse compliance with
sections of the Zoning Ordinance and all other applicable
city ordinances in effect at time of building permit issu- 24 ance .
25 4) This approval shall become null and void if building permii
26 date of project approval.
are not issued for this project within one year from the
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PC RES0 1888 -2-
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2 PASSED, APPROVED AND ADOPTED at a regular meeting of the
ll Planning Commission of the City of Carlsbad, California, held 3
the 18th day of November, 1981, by the following vote, to wit
AYES: Marcus, Rombotis , Schlehuber, Friestedt and L'Heure1
NOES: Farrow
ABSENT: Jose
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ABSTAIN : None a
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ANNING COMMISSIC
PC RES0 #1888 -3-
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