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HomeMy WebLinkAbout1981-12-23; Planning Commission; Resolution 18891 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 1889 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A VARI- ANCE TO REDUCE THE SIDE YARD SETBACK FROM FIVE FEET TO ONE FOOT OFF A PUBLIC ALLEY ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF JUNIPER AVENUE BETWEEN CARLSBAD BOULEVARD AND GARFIELD STREET APPLICANT: HIRSCHBERG CASE NO: v-329 WHEREAS, a verified application for certain property, to wit: Lot M in Block 2 of Palisades 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 as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 18th day of November, 1981, and on the 23rd day of December, 1981, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the V-329; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commis- sion as follows: (A) That the foregoing recitations are true and correct. (B) That based on the evidence presented at the public hearing, the Commission APPROVES V-329, based on the following findings: //// //// \ ll * 0 1 2 3 4 5 Findings 1) That there are exceptional or extraordinary circumstances conditions applicable to the property that do not apply generally to the other property in the same vicinity and i for the reasons stated in the staff report, 2) That the subject property is being denied a substantial pr perty right possessed by other property in the same vicini and zone for the reasons stated in the staff report. 6 detrimental to the public welfare or injurious to the prog 7 ty in the vicinity and that such variance will not adverse affect the General Plan for the reasons stated in the staf 8 report , 3) That the granting of such variance will not be materially 9 PASSED, APPROVED AND ADOPTED at a regular meeting of the lo Planning Commission of the City of Carlsbad, California, held I1/jthe 18th day of November, 1981, by the following vote, to wit: 12 13 14 ABSENT: Comnissioners Friestedt and Schlehuber. AYES : Chairman Marcus, Ccarmissioners Rombotis, Farrow, Jose, NOES: None. and L'Heureux. 15 ABSTAIN : None. 16 17 l8 I 19 I 27 28 IC RES0 #1889 -2- )I