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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