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HomeMy WebLinkAbout1988-07-20; Planning Commission; Resolution 2760\ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 m @ 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: //// I1 B e 1 2 3 4 5 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. 6 7 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 . a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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. //// I/// //// //// //// //// //// //// //// //// //// //// ~ //// & RES0 NO. 2760 1 -2- 1 e c PASSED, APPROVED, AND ADOPTED at a regular meeting of 2 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 5 6 7 AYES : Chairperson McFadden, Commissioners: Schlehuber, NOES : Holmes, Hall, Erwin E Schramm. None. , ABSENT: Commissioner Marcus. ~ 8 II ABSTAIN: None. 9 10 11 12 ATTEST: N JfANNE B. MCFADDEN, Chairperson CARLSBAD PLANNING COMMISSION 15 16 17 18 19 20 21 22 23 24 25 26 27 ,-&@ RES0 NO. 2760 -3-