HomeMy WebLinkAbout1987-05-06; Planning Commission; Resolution 2655x ll e 0 I
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,PLANNING COMMISSION RESOLUTION NO. 2655
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, DENYING A VARIANCE TO ALLOW AN EIGHT
FOOT HIGH FENCE ALONG THE SOUTH SIDE PROPERTY LINE ON
PROPERTY GENERALLY LOCATED AT 2652 HIGHLAND DRIVE.
APPLICANT: DANIEL DE HAAS
CASE NO: AV 86-9
WHEREAS, a verified application for certain property, to
wit:
Portion of Map No. 2169 of Wilsonia Tract of the City of
Carlsbad,
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 6th day of
May, 1987, hold a duly noticed public hearing as prescribed by law
to consider said request; and
WHEREAS, at said public hearing, upon hearing and 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 as follows:
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the public hearing, the
Commission DENIES AV 86-9, based on the following findings and
subject to the following conditions:
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~ ,Findings:
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1. 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 properties
have had a fence higher than six feet for similar situations.
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2. The requested variance is not necessary €or 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
properties have had to use eight foot high fences for similar
situations.
3. The granting of this variance could be materially detrimental 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 lead to
other property owners to construct fences over six feet in
height for liability reasons.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
9 Planning Commission of the City of Carlsbad, California, held on
10' the 6th day of May, 1987, by the following vote, to wit:
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AYES: Chairperson Marcus, Commissioners McBane, McFadden, Holmes,
NOES : None.
Hall, Schlehuber & Schramm.
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ABSTAIN: None. 14
ABSENT : None.
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L. MARY CARLSBAD M CUS, PLANNING Chairperson COMMISSION
ATTEST:
PLANNING DIRECTOR
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281( PC RESO. NO. 2655 -2- I1