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HomeMy WebLinkAbout1991-02-20; Planning Commission; Resolution 3088e 0 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 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. 1 2 3 e e 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 5 7 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. 11 12 13 14 15 ABSTAIN: None. ROBERT HOLMES, Chairperson CARLSBAD PLANNING COMMISSION 16 17 ATTEST: 18 19 20 22 21 PLANNING DIRECTOR 23 24 25 26 ' 27 28 PC RES0 NO. 3088 -2-