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HomeMy WebLinkAbout1981-12-23; Planning Commission; Resolution 1907i- 2 1 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 e @ PLANNING COMMISSION RESOLUTION NO. 1907 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A VARIANCE TO INCREASE THE BUILDING HEIGHT FROM THE REQUIRED 35' TO 40' ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF COSTA DEL MAR, EAST OF EL CAMINO REAL. APPLICANT: RANCHO LA COSTA, INC. CASE NO: V-327 ~~~~~~ WHEREAS, a verified application for certain property, to wit: Lot 3 of La Costa Condominium No. 4, according to May 6520 filed October 21, 1969 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 Codc and WHEREAS, the Planning Commission did, on the 23rd da3 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 person desiring to be heard, said Commission considered all factors relating to V-327. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planninc Commission of the city of Carlsbad 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-327, based on the following findings: //// //// I //// I x- - rL II e a 1 Findings: 2 3 4 5 6 7 8 9 10 11 1) That there are exceptional or extraordinary circumstances that apply to this property that do not generally apply to other properties in the same vicinity and zone because the property is presently within a floodplain zone and the grac of the pad must be elevated, thus, restricting the ability of the developer to build a normal 35' building. 2) That this property would be denied a property right shared other properties in the same vicinity and zone because othe properties have built to 35' and this property would be 35' from the street level and be no higher than other buildings in this vicinity. 3) That the grading of this variance would not be injurious to the public health and welfare and would not detrimentally effect the general plan because this project would not crea visual impacts on adjacent properties nor create any situations that are dangerous to the public's health and welfare. i PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad, California, held 0: the following vote, to wit: Chairman Marcus, Commissioner Rombotis, Farrow, Jose and L'Heureux. ABSENT: Commissioner Friestedt. ABSTAIN: Commissioner Schlehuber. 2x44, L II 26 /I 27 28 PC RES0 # 1907 -2-