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HomeMy WebLinkAbout1985-03-13; Planning Commission; Resolution 2422c i d /I e e 1 2 3 4 5 6 7 8 9 10 11 I PLANNING COMMISSION RESOLUTION NO. 2422 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A VARIANCE TO REDUCE THE NUMBER OF REQUIRED PARKING SPACES FROM 6 TO 4 AND TO ALLOW PARKING WITHIN THE FRONT YARD SETBACK ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF PALM AWENUE BETWEEN HARDING STREET AND THE INTERSTATE 5 FREEWAY. APPLICANT: MARTIN CASE NO: V-365 ~~ WHEREAS, a verified application for certain property wit: The northeasterly 93.59 feet of Lot G and that part that portion of Lot 7 and 8 in Block "B" of the Resubdivision of Alles Avocado Acres according to Ma 2027 filed May 17 , 1927, 12 Planning Commission; and 13 has been filed with the City of Carlsbad, and referred to the law to consider said request; and 18 March, 1985, hold a duly noticed public hearing as prescribed 17 WHEREAS, the Planning Commission did on the 13th day 16 as provided by Title 21 of the Carlsbad Municipal Code; and 15 WHEREAS, said verified application constitutes a req 14 19 WHEREAS, at said public hearing, upon hearing and a1 20 heard, said Commission considered all factors relating to the 21 testimony and arguments, if any, of all persons desiring to b (R) That based on the evidence presented at the public hearin 26 (A) That the foregoing recitations are true and correct. 25 Commission sion a5 follows: 24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planninl 23 Variance; and 22 Commission APPROVES V-365, based on the following finding 27 subject to the following conditions: 28 If 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 ll I 0 0 Findings I) That there are exceptional or extraordinary circumstancc conditions applicable to the property or to the intendec that do not apply generally to the other property or clz use in the same vicinity and zone; since the patients wl will be residing there are senior citizens and they do I drive. 2) That such variance is necessary for the preservation ani enjoyment of a substantial property right possessed by ( property in the same vicinity and zone but which is denj the property in question; because to require a parking 2 behind the front yard setback would substantially reducc existing open lawn area. 3) That the granting of such variance will not be material1 detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in wk the property is located since: the project will provide necessary service to the senior citizens of the communit 4) That the granting of such variance will not adversely ai the comprehensive general plan since: no land use chanf being proposed . 5) The project is consistent with all City public facility icies and ordinances since: a) All necessary public improvements have been provided will be required as conditions of approval. b) The applicant has agreed and is required by the incl of an appropriate condition to pay a public facilitj fee. Performance of that contract and payment of tt will enable this body to find that public facilities be available concurrent with need as required by thc general plan. c) Assurances have been given that adequate sewer for t project will be provided by the City of Carlsbad. Conditions 1 ) Approval is granted for V-365, as shown on Exhibit "A", dated January 24, 1985, incorporated by reference and or in the Land Use Planning Office. Development shall OCCL substantially as shown unless otherwise noted in these conditions. 2) Approval of Variance 365 is granted subject to the apprc I and continued operation of Conditional Use Permit 247. 1 //// PC RES0 NO. 2422 -2- I/ .. '. e x e e 1 II 2 ll PASSED, APPROVED AND ADOPTED at a regular meeting of II Planning Commission of the City of Carlsbad, California, held 3 4 5 6 7 8 9 10 11 12 the 13th day of March, 1984, by the following vote, to wit: AYES : Chairman Farrow, Commissioners Schlehuber, L'Heureux, Marcus, McFadden, Smith and Rombotis. NOES: None. ABSENT : None. ABSTAIN: None. 13 TTEST: liA 14 15 16 17 18 19 I 20 21 22 3&@/% < /Jy A B' 13 3 23 24 25 26 27 28 PC If re50 NO. 2422 -3-