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HomeMy WebLinkAbout1982-07-14; Planning Commission; Resolution 1985- *I1 0 e 1 2 3 4 5 PLANNING COMMISSION RESOLUTION NO. 1985 ~~ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSRAD, CALIFORNIA, APPROVING A VARIANCE TO REDUCE THE STREET SIDE YARD SETBACK FROM 30 FEET TO 2 FEET FOR A BUILDING GENERALLY LOCATED ON THE NORTH\ CORNER OF PALOMAR AIRPORT ROAD AND AVENIDA ENCINAS. APPLICANT: PALOMAR VENTURES CASE NO: v-339 WHEREAS, a verified application for certain property 1 %it; 7 a A portion of lot IIH' of Rancho Agua Hedionda accordi Nap 823 filed November 16, 1896. 9 II has been filed with the city of Carlsbad, and referred to the 10 /I Planning Commission; and 11 12 13 14 July, 1982, hold a duly noticed public hearing as prescribed 15 16 17 18 19 20 21 22 23 24 WHEREAS, said verified application constitutes a req as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 14th da, to consider said request: and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all perso desiring to be heard, said Commission considered all factors relating to V-339. NOW, THERFORE, BE IT HER.EBY RESOLVED by the Planning 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 heari the Commission APPROVES V-339, based on the following fi and subject to the following conditions; 25 //// /I// 26 27 /I//// 28 //// A II e e 1 Findings: 2 3 4 5 6 7 8 1) That there are exceptional or extraordinary circumstances conditions aqplicable to the property because of the exis 60 foot wide slope leading up to Palomar Airport Road adj to the southerly property boundary. A 30 foot wide lands setback on top of this would result in a 90 foot landscap setback, much of which would not be visible from Palomar Airport Road. 2) That such a variance is necessary for the preservation ar: enjoyment of a substantial property right possessed by ot properties in the vicintity since no toher property in tk! vicinity would be required to provide a 90 foot side yare setback and is bisected by a 20 foot sewer easement. ~ 9 10 11 3) That the granting of this variance will not be materiall: detrimental to the public welfare or adverserly affect tE general plan since the granting of this variance will no1 extablish an undesirable precedent due to the unusual topography of this site. JlAho nyniaat ic cnncict-an+ dth 211 rifl711kbjp fap-jJikL 0 e a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the city of Carlsbad, California, hae the 14th day of July, 1982, by the following vote, to wit: AYES: Chairman Farrow, Commissioners Marcus, Ron NOES: None. ABSENT: Commissioner Friestedt. ABSTAIN : None . Schlehuber, Jose and Rawlins. ATTEST : CARLSBAD PLANNING COMMISSION I1 PC Reso No. 1985 -3-