HomeMy WebLinkAbout1989-11-01; Planning Commission; Resolution 29327' 1 6 e
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PLANNING COMMISSION RESOLUTION NO. 2932
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARL CALIFORNIA, UPHOLDING A PLANNING DIRECTOR'S DECISION DENY11 ADMINISTRATIVE VARIANCE TO ALLOW AN OVERHEIGHT FENCE IN THE YARD SETBACK OF A SINGLE FAMILY RESIDENCE, ON PROPERTY GENE
LOCATED AT 2246 JANIS WAY, CARLSBAD, CALIFORNIA.
APPLICANT: REDDING
CASE NO.: AV 89-7 (APPEAL)
WHEREAS, an appeal for certain property, to wit:
Lot 26 of Carlsbad Tract No. 81-19 Unit No. 2, Mar Y Montafi the City of Carlsbad, County of San Diego, State of Cal ifo according to Map thereof No. 11594 filed in the office 0' County Recorder of San Diego County August 20, 1986.
has been filed with the City of Carlsbad and referred to tt
Commi ss i on ; and
WHEREAS, said appeal constitutes a request as provided by Tit'l
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 1st day of Novel
hold a duly noticed public hearing as prescribed by law to cor
request; and
WHEREAS, at said public hearing, upon hearing and consi
testimony and arguments, if any, of all persons desiring to be I
Commission considered all factors relating to the appeal of AV 89-
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commis:
City of Carlsbad as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public he
Commission UPHOLDS the Planning Director's decision bas
following findings:
Findinqs:
1. There are no exceptional or extraordinary circumstances apF
this property that do not apply to other property in the sal
since several other properties on the north side of Jan:
visually impacted by the El lery Reservoir and do not have
fences in the front yard setback.
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2. The Variance is not necessary for the preservation and enjc substantial property right possessed by other property in th but which is denied to the property in question since alternative methods of screening the view of the reservoir tha require a variance and still provide an adequate useable pri?
3. The granting of this Variance could be materially detrimenti property in the vicinity in which the property is located t wall obstructs line-of-sight driveway visibility to vehicles I into the pub1 ic right-of-way.
4. The granting of this Variance will not adversely affect the COI General P1 an because accessory structures such as wall s are
with residential uses in the R-1 Zone.
PASSED, APPROVED, AND ADOPTED at a regular meeting of th
Commission of the City of Carlsbad, California, held on the 1
November, 1989, by the following vote, to wit:
AYES: Chairman Hall, Commissioners: Schlehuber, Schramm. Erwin, Holmes &. Marcus.
NOES : Cornmi ssioner McFadden.
ABSENT: None.
ABSTAIN: None.
CARLSBAD PLA~NING COMMISSION
ATTEST:
PLANNING DIRECTOR
PC RES0 NO. 2932 -2-