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HomeMy WebLinkAbout1984-06-13; Planning Commission; Resolution 2299c * .i e e 1 2 3 4 5 6 7 €3 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 2299 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITI CONSTRUCT A 10 FOOT FENCE ATOP A 7 FOOT RETAINING WALL WITHIN THE REAR YARD SETBACK OF A THROUGH LOT ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF OBELISCO CIRCLE. APPLICANT: DEVELOPMENT CONSULTANTS CASE NO: v-359 WHEREAS, a verified application for certain propert OF CARLSBAD, CALIFORNIA, APPROVING A VARIANCE TO wit: Assessor's Parcel Number 215-460-20, Lot 684 of La Meadows, Unit No. 4, according to Map 7367, has been filed with the City of Carlsbad, and referred to tk Planning Commission; and WHEREAS, said verified application constitutes a rf as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 23rd di May, 1984 and on the 13th day of June, 1984, hold a duly nol public hearing as prescribed by law to consider said requesl WHEREAS, at said public hearing, upon hearing and i testimony and arguments, if any, of all persons desiring to heard, said Commission considered all factors relating to tl Variance ; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann. Commission sion as follows: (A) That the foregoing recitations are true and correct. (B) That based on the evidence presented at the public hear Commission APPROVES V-359, based on the following findil Findings: 1) There are exceptional or extraordinary circumstances apl to this property that do not generally apply to other properties in the same vicinity and zone, as the subjec. is a through-lot with a large elevation difference from front to the rear of the lot. -. & " II) 6 I 2) 2 3 4 5 6 3) The requested variance is necessary for the preservatio1 substantial property right possessed by other propertie! same vicinity and zone but which is denied to the subjec property since the grade of the lot constricts recreatic and privacy opportunities of the owner. The granting of such a variance will not be materially detrimental to the general public and not injurious to : in the vicinity since the fence would not block views 0: obscure visibility. 7 4) The granting of such a variance is within the goals of 1 general plan for high quality residential development ir a area. g Conditions: 10 11 1) 12 13 14 15 2) Approval is granted for V-359, as shown on Exhibit "A", May 7, 1984, incorporated by reference and on file in tl Use Planning Office. Development shall occur substanti< shown unless otherwise noted in these conditions. The applicant shall prepare a detailed landscape and irl plan which shall be submitted to and approved by the Lat Planning Manager prior to the issuance of building perm: the wall. This plan shall incorporate dense landscape I of sufficient height so as to clearly provide a visual :: of the fence. 16 18 Planning Commission of the City of Carlsbad, California, he1 17 PASSED, APPROVED AND ADOPTED at a regular meeting c the 13th day of June, 1984, by the following vote, to wit: 19 I 20 I 21 22 23 24 25 AYES: Commissioners Schlehuber, Marcus, Farrow Smith . NOES : None . ABSENT: Chairman Rombotis. ABSTAIN: Vice-chairman CARLSBAD PLANNING COMMISSIC 26 ATTEST: ll 27 28 *, PC RES0 NO. 2299 -2-