HomeMy WebLinkAbout1987-04-15; Planning Commission; Resolution 2632i
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PLANNING COMMISSION RESOLUTION NO. 2632
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, DENYING A VARIANCE TO CONSTRUCT A
SIX-FOOT CONCRETE FENCE IN FRONT AND SIDE YARD SETBACKS ON
PROPERTY LOCATED AT 3421 ANN DRIVE.
APPLICANT: MORRISON
CASE NO: AV 86-12
WHEREAS, a verified application for certain property, to
wit:
Lot 26 of Carlsbad Gardens, Unit No. 1 as recorded on
Map. No. 3998 with the County of San Diego,
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 Commission did on the 15th day of
April, 1987, 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
19 I relating to the Variance; and
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(A,) That the above recitations are true and correct. 22
Commission as follows: 21
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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(B) That based on the evidence presented at the public hearing, the
Commission DENIES AV 86-12, based on the following findings:
Findings:
1. There are not 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.
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2. 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 the owner has ample
space in the rear yard of the property to construct a swimming
pool and the required self enclosing fence without encroaching
into the setbacks.
3. The granting of this variance could be materially deterimental to the general welfare or injurious to the property or
improvements in the vicinity and zone in which the property is
located because it can set a precedent which could reduce the
visual quality of the area.
4. The General Plan for this area will not be adversely affected
because the density will not be increased.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 15th day of April, 1987, by the following vote, to wit:
AYES: Chairperson Marcus, Commissioners: McFadden, Hall,
NOES: None.
ABSENT : Commissioners Holmes & McBane.
ABSTAIN: None.
Schramm & Schlehuber.
%4!?.;”7.2??@&%G+Q
VARY ’%. MARCUS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
PLANNING DIRECTOR
PC RES0 NO. 2632 -2-