HomeMy WebLinkAbout1991-02-20; Planning Commission; Resolution 3088e 0
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PLANNING COMMISSION RESOLUTION NO. 3088
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
CARLSBAD, CALIFORNIA, UPHOLDING THE PLANNING DIRECT0
DECISION TO DENY AN ADMINISTRATIVE VARIANCE TO ALLOW F01
54" RETAINING WALL IN THE PUBLIC RIGHT-OF-WAY AND A REDUC
FRONT YARD SETBACK OF 10.3' LOCATED AT 2815 WILSON STREE
CASE NAME: FLAMING
CASE NO.: AV 90-5
WHEREAS, a verified application for certain property, to wit:
Parcel 1 of parcel map #2624, filed May 7,1974 in the office of the COL
Recorder of San Diego County
has been filed with the City of Carlsbad, and referred to the Planning Corn
WHEREAS, said verified application constitutes a request as provided 1
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 20th day of February,
a duly noticed public hearing as prescribed by law to consider said request; i
WHEREAS, at said public hearing, upon hearing and considering all tesi
arguments, if any, of all persons desiring to be heard, said Commission cor
factors relating to AV 90-5.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commi
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 (
upholds the Planning DirectoJs decision to deny AV 90-5, based on th
findings:
Findings:
1. There are not exceptional or extraordinary circumstances or condition
to the property or to the intended use that do not apply generally t
property or class of use in the same vicinity and zone, because the subjc
is similar in shape and size to other developed properties in the vicinit
topographically constrained.
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2. The requested variance is not necessary for the preservation and enjoJ
substantial property right possessed by other properties in the same vi
sufficient areas that are suitable for buildings and placement of th
dwelling does not preclude access to usable areas in the rear of the dwc
zone but which is denied to the property in question because the la
4 PASSED, APPROVED, AND ADOPTED at a regular meeting of the
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by the following vote, to wit: 6
Commission of the City of Carlsbad, California, held on the 20th day of Febru
AYES: Chairperson Holmes, Commissioners: Schlehuber, a
NOES: None. 9
McFadden, Erwin, Marcus & Hall.
lo I/ ABSENT: None.
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ABSTAIN: None.
ROBERT HOLMES, Chairperson
CARLSBAD PLANNING COMMISSION
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PLANNING DIRECTOR
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28 PC RES0 NO. 3088 -2-