HomeMy WebLinkAbout1988-07-20; Planning Commission; Resolution 2760\
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PLANNING COMMISSION RESOLUTION NO. 2760
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING AN
ADMINISTRATIVE VARIANCE TO ALLOW A SIX FOOT HIGH FENCE IN THE REQUIRED FRONT YARD SETBACK LOCATED AT 4375 STANFORD STREET.
APPLICANT: SHEL AND KAREN BERMAN
CASE NO.: AV 88-2
WHEREAS, a verified application for certain property, to
wit:
Lot 189 of Carlsbad Tract No. 84-35, Unit 2
according to Map No. 11672 on file with the
County Recorder, 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 20th day of
July, 1988, 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 AV 88-2.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing,
the Commission DENIES AV 88-2, based on the following
findings:
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Findinss :
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 in the front yard setback.
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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
questions because the six foot fence would afford the
applicant a greater area of privacy than neighboring
residences enj oy .
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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 could set an
unwarranted precedent for allowing others to also
construct a six foot high fence in the front yard
setback.
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& RES0 NO. 2760 1 -2-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of
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held on the 20th day of July, 1988, by the following vote, to 3
the Planning Commission of the City of Carlsbad, California,
wit: 4
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AYES : Chairperson McFadden, Commissioners: Schlehuber,
NOES :
Holmes, Hall, Erwin E Schramm.
None.
, ABSENT: Commissioner Marcus.
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8 II ABSTAIN: None.
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12 ATTEST:
N JfANNE B. MCFADDEN, Chairperson
CARLSBAD PLANNING COMMISSION
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,-&@ RES0 NO. 2760 -3-