HomeMy WebLinkAbout1981-12-23; Planning Commission; Resolution 1914c '\ I1 P 1)
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PLANNING COMMISSION RESOLUTION NO. 1914
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, DENYING A VARIANCE
TO ALLOW CONSTRUCTION OF A MAXIMUM 18-FOOT HIGH
FENCE ON THE REAR LOT LINE OF A THROUGH-LOT ON
PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF
OBELISCO PLACE ADDRESSED AS 2629 OBELISCO PLACE.
APPLICANT: PLUMB CONSTRUCTION CASE, NO:. . . .w-330. . , . . . . . . . . . . . . . . . . . . . .
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WHEREAS, a verified application for certain property
to wit: a
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Lot 681 of La Costa Meadows Unit No. 4, in the Count.
of San Diego, State of California, according to map
thereof No. 7367 filed in the Office of the County
Recorder, July 19, 1972
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prescribed by law to consider said request; and 18
of December, 1981, hold a duly noticed public hearing as 17
WHEREAS, the Planning Commission did, on the 23rd da 16
and 15
request as provided by Title 21 off the Carlsbad Municipal Col 14
WHEREAS, said verified application constitutes a 13
Planning Commission; and 12
has been filed with the city of Carlsbad, and referred to the
19 WHEREAS, at said public hearing, upon hearing and
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findings: 27
B) That based on the evidence presented at the public hearin 26
A) That the foregoing recitations are true and correct. 25
Commission of the city of Carlsbad as follows: 24
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannin 23
relating to V-330. 22
desiring to be heard, said Commission considered all factors 21
considering all testimony and arguments, if any, of all perso
the Commission DENIES V-330, based on the following
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A b 1) a
111 Findings:
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1) That there are no exceptional or extraordinary circumstan or conditions applicable to this property that do no appl generally to the other property in the same vicinity and zone for the reasons stated in the staff report.
2) That the subject property is not being denied a property
right possessed by other property in the same vicinity ar
zone as stated in the staff report.
3) That the granting of such variance will be materially
detrimental to the general public and injurious to proper in the vicinity for reasons stated in the staff report.
C) Unless appealed as provided by the Carlsbad Municipal Cod
9 adopted by the Planning Commission. The provision of this action of denial is final the date this resolution i
10 Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: 11
12 The time within which judicial review of this decisi 13 must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the cit 14 Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be f 15 in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; 16 however, if within ten days after the decision becomes fi a request for the record of the proceedings accompanied b
estimated cost of preparation of such record, the time wi
later than the thirtieth day following the date on which
record is either personally delivered or mailed to the pa
or his attorney of record, if he has one. A proceedings
Elm Avenue, Carlsbad, California, 92008.''
"NOTICE TO APPLICANT"
17 the required deposit in an amount sufficient to cover the
18 which such petition may be filed in court is extended to
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shall be filed with the City Clerk, City of Carlsbad, 120 20
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PC RES0 # 1914 -2-
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'11 PASSED, APPROVED AND ADOPTED at a regular meeting of the 211 Planning Commission of the city of Carlsbad, California, held
3/) the 23rd day of December, 1981 , by the following vote, to wit
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AYES : Chairman Marcus, Commissioners Rombotis, Farrow,
NOES : None.
ABSENT: Commissioner Friestedt.
ABSTAIN : None.
Schlehuber, Jose and L'Heureux.
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12 ATTEST :
MARY MARmChairman
CARLSB PLANNING COMMISSI v
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!! -3- PC .RESO # 1914