HomeMy WebLinkAbout1984-12-12; Planning Commission; Resolution 2393* ..
?
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0 0
PLANNING COMMISSION RESOLUTION NO. 2393
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A VARIANCE TO REDUCE THE FRONT YARD SETBACK FROM 20 FEET TO 10 FEET GENERALLY LOCATED ON THE
NORTH SIDE OF ACACIA STREET BETWEEN GARFIELD STREET AND WASHINGTON STREET. APPLICANT: ACACIA APARTMENTS
CASE NO.: V-364
WHEREAS, a verified application for certain propert)
Ijwit: I( APN 204-150-14, a portion of Lot 20 of Paliades, Blc
in the City of Carlsbad, Map 1747,
has been filed with the City of Carlsbad, and referred to thc
Planning Commission; and
WHEREAS, said verified application constitutes a re(
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 12th da!
December, 1984, hold a duly noticed public hearing as prescr:
law to consider said request; and
WHEREAS, at said public hearing, upon hearing and a:
testimony and arguments, if any, of all persons desiring to I
heard, said Commission considered all factors relating to tht
Variance; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannil
Commission sion as follows:
(A) That the foregoing recitations are true and correct.
(B) 'That based on the evidence presented at the public hearil
Commission APPROVES V-364, based on the following findin!
subject to the following conditions: j: //// 11 ////
////
. > 0 e
1 Findings j/
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
1) That there are exceptional or extraordinary circumstancc conditions applicable to the property because the subje( propert is being required to dedicate land along its st1 frontage for an assymetrical cul-de-sac to provide adeql
traffic circulation for future residential development : this area. This dedication and the irregular shape of j
property results in a property that cannot be developed same manner as surrounding properties.
2) That such a variance is necessary for the preservation t
enjoyment of a substantial property right possessed by c
properties in the area since no other properties have
property constraints as this one. The constraints are detailed in the staff report.
3) That the granting of this variance will not be material1
detrimental to the public welfare or adversely affect ti General Plan since the granting of this variance will nc establish an undesirable precedent due to the unusual ct sac design.
4) That the project is consistent with all City public fac:
policies and ordinances since the applicant has agreed i
required by the inclusion of an appropriate condition tc
public facilities fee. Performance of that contract anc payment of the fee will enable this body to €ind that p~ facilities will be available concurrent with need as rec by the general plan.
/Conditions
1) 18
19
20
21
22
23
24
25
2)
Approval is granted for V-364, as shown on Exhibits "A"
dated November 8, 1984, incorporated by reference and or in the Land Use Planning Office. Development shall occc
substantially as shown unless otherwise noted in these conditions.
This project is approved upon the express condition that applicant shall pay a public facilities fee as required City Council Policy No. 17, dated April 2, 1982, on filc the City Clerk and incorporated herein by reference, anc
according to the agreement executed by the applicant fol
payment of said fee, a copy of that agreement, dated May
1984, is on file with the City Clerk and incorporated he
by reference. If said fee is not paid as promised, this
application will not be consistent with the General Plar approval for this project shall be void.
26
27
////
//// 28
////
PC RES0 NO. 2393 -2-
1 I. -3 ll
1
0 *
PASSED, APPROVED AND ADOPTED at a regular meeting c
2 Planning Commission of the City of Carlsbad, California, helc II
3
4
5
6
7
a
9
10
11
the 12th day of December, 1984, by the following vote, to wit
AYES: Chairman Rombotis, Commissioners L'HeurE Marcus, Smith and Farrow,
NOES: Commissioner McFadden,
ABSENT : None.
ABSTAIN: commissioner Schlehuber.
16
17
18
19 11
20
21
22
23
24
25
26
27
28 II PC RES0 NO. 2393 - 3- _--