HomeMy WebLinkAbout1991-02-06; Planning Commission; Resolution 3186.\ 0 e
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PLANNING COMMISSION RESOLUTION NO. 3186
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ,
CARLSBAD, CALIFORNIA, GRANTING AN APPEAL AND APPROVING AN
ADMINISTRATrVE VARIANCE TO ALLOW A RETAINING WALL OVER SIX
FEET IN HEIGHT IN THE SIDE AND REAR SETBACK AT PROPERTY
GENERALLY LOCATED 1809 OAK AVENUE.
CASE NAME: THOMPSON WALL
CASE NO.: AV 90-4
WHEREAS, a verified application for certain property, to wit:
Parcel 3 of Map 13203 in the City of Carlsbad, County of San Diego, State
of California.
has been filed with the City of Carlsbad, and referred to the Planning Commission; ar
WHEREAS, said verified application constitutes a request as provided by Title 2
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of October, 1990, tE
7th day of November 1990, the 2nd day of January, 1991, and on the 6th day c
February, 1991, hold duly noticed public hearings as prescribed by law to consider sai
request; and
WHEREAS, at said public hearing, upon hearing and considering all testimor
and arguments, if any, of all persons desiring to be heard, said Commission considere
all factors relating to AV 904.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission (
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 APPROVES AV 90-4, based on the following findings and
subject to the following conditions:
I! a 0
1 Findins:
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1. Exceptional and extraordinary circumstances exist as the installation of a pool
behind and dependent upon the retaining wall occurred prior to the current
ownership began.
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2. This variance is necessary for the preservation and enjoyment of a substantial
property right as lowering of the retaining wall to a conforming height would
necessitate removal of the pool and a substantial loss of existing side and rear
yards-
3. As conditioned, this variance is not materially detrimental to the neighboring
properties as it will be adequately screened and reinforced to prevent failure.
9 4. The granting of this variance will not adversely affect the comprehensive gend
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11 Conditions:
12 1. Approval is granted for AV 90-4, as shown on Exhibit "A1', dated
February 6, 1991, incorporated by reference and on file in the Planning 13 Department. Development shall occur substantially as shown unless otherwise
14 noted in these conditions.
15 2. Applicant shall promptly commence and diligently complete construction of the
second retaining wall identified on Exhibit "A" not later than November 6,1991.
16 If construction of the second retaining wall is not inspected and finally approved
17 prior to this time, applicant shall remove the existing wall and shall restore and
retain the property in a safe condition.
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plan as this area is designated for residential uses of low to medium density.
3. The landscaping shown on =bit "A", dated February 6, 1991 is tentative. A
to and approved by the Planning Director prior to issuance of any building or
19 detailed landscape and irrigation plan showing wall screening shall be submitted
20 grading permit.
21 4. Prior to final inspection approval of the retaining wall, all landscaping shall be
22 installed as shown on the approved landscape screening plan.
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PC RES0 NO. 3186 -2-
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5. Prior to issuance of any building permit, a registered engineer shall certify the
stability of the existing retaining wall during and after construction to the
satisfaction of the City Engineer. The building permit application shall include
all pertinent information regarding the existing wall including, but not limited to,
effects of irrigation water on the wall (if any), drainage and calculation of load on retaining portion.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Cornmission of the City of Carlsbad, California, held on the 6th day of February, 1991,
by the following vote, to wit:
AYES: Chairperson Holmes, Commissioners: Schlehuber, Schramm, McFadden,
Erwin & Hall.
NOES: None.
ABSENT: Commissioner M
ABSTAIN: None.
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CARLSBAD PLANNING COMMISSION
ATTEST:
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PLANNING DIRECTOR
PC RES0 NO. 3186 -3-