HomeMy WebLinkAbout1986-01-22; Planning Commission; Resolution 2531’ .% 0 *
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
I
19 l8 I I
20
21
22
23
24
25
26
27
PLANNING COMMISSION RESOLUTION NO. 2531
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, DENYING AN ADMINISTRATIVE VARIANCE
TO ALLOW A SIX FOOT FENCE TO ENCROACH ELEVEN FEET INTO
THE TWENTY FOOT FRONTYARD SETBACK ON PROPERTY GENERALLY
LOCATED ON THE NORTH SIDE OF JUNIPER STREET BETWEEN
GARFIELD STREET AND THE AT&SF RAILROAD.
APPLICANT: BEILBEY
CASE NO: AV 85-8
WHEREAS, a verified application for certain property, to
wit:
An undivided 1/16 interest in Lot 1 of CT 73-30 of Map
7961 filed June 12, 1974,
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Conmission did on the 22nd day of
January, 1986, hold a duly noticed public hearing as prescribed by
law to consider said request; and
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all persons
desiring to be heard, said Commission considered all factors
relating to the Variance; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
(A) That the foregoing recitations are true and correct.
1 (B) That based on the evidence presented at the public hearing, i the Commission DENIES AV 85-8, based on the following
~ ////
~
findings:
,
~ ////
I I i I
I
i
I I
1
I 1 I
28 ////
.\ * 0
1 11 Findings:
2
3
1.
4
5
6
7
8
2.
There are no exceptional or extraordinary circumstances or
conditions applicable to the property or to the intended use
that do not apply generally to the other property or class of use in the same vicinity and zone, because no other fences six feet or higher are located more than five feet into the
20 foot frontyard setback.
The requested variance is not necessary for the preservation
and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question because no other property
owner in the complex has had to fence in their frontyard setback for privacy. I
9 3) The granting of this variance might be materially detrimental
to the public welfare since it would create an undesirable
illegal fences, then apply for variances to legitimize the
10
PASSED, APPROVED AND ADOPTED at a regular meeting of the 12
fence. 11
precedent and encourage other property owners to construct
13
wit: I 15
the 22nd day of January, 1986, by the following vote, to 14
Planning Commission of the City of Carlsbad, California, held on
1 16
17
18
19
20
21 ll 22
23
'
AYES: Commissioners: McBane, McFadden, Smith, Holmes
& Hall.
NOES : Chairman Schlehuber & Commissioner Marcus.
ABSENT : None.
ABSTAIN: None.
I i I
CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COP~,MISSION I 1 24 11 ATTEST: .
25
1 1 1- PLANNING DIRECTOR
26
1 .
27 1
28 I
I 1 1
il I
PC RES0 NO. 2531 -2- I I I
I I