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HomeMy WebLinkAbout1992-06-17; Planning Commission; Resolution 3399rlr /I a 0 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1, PLANNING COMMISSION RESOLUTION NO. 3399 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, OVERTURNING THE PLANNING DIRECTOR’S DECISION TO DENY THE PROPOSED SINGLE FAMILY HOME ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF AVIARA DRIVE BETWEEN ALGA ROAD AND BATIQUITOS Dm. CASE NAME: AVIARA PLANNING AREA 13 LOT 296 CASE NO: DI 92-2 (CT 85-35) WHEREAS, a verified application for certain property to wit: Lot 296 of Carlsbad Tract 85-35 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; a] WHEREAS, said verified application constitutes a request as provided Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 17th day of June, 195 did consider said request; and WHEREAS, at said hearing, said Commission considered all factors relati: to the PIadng Director’s Determination; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissir as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the hearing, the Commissic OVERTURNED the Planning Directois decision, AILOWING the sing family home on Lot 296, based on the following findings: FiIldiIlgS: 1. The proposed single family home on Lot 296 exceeds the maximum allow( building height as defhed by the Aviara Master Plan and the Carlsbad Municip Code because the architectural tower, which could not be converted to habitabl space, protruding above the 30 foot high maximum is an allowed protrusion 2 defined in Section 21.46.020 of the Carlsbad Municipal Code. ~ I " 'V e * 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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannir Commission of the City of Carlsbad, California, held on the 17th day of June, 1992, I the following vote, to wit: AYES: Vice-Chairperson Noble, Commissioners: Schlehube Schramm, Welshons & Hall. NOES: Commissioner Savary. ABSENT: Chairperson Erwin. ABSTAIN: None. ATTEST: I ,.- e-Chairperson ING COMMISSION Y MICHAEL J. HOLZMIL~~R PLANNING DIRECTOR PC RES0 NO. 3399 -2-