HomeMy WebLinkAbout1992-09-02; Planning Commission; Resolution 34264 I/ 0 0
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PLANNING COMMISSION RESOLUTION NO. 3426
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, DENYING AN APPEAL OF
A SATELLITE ANTENNA PERMIT LOCATED AT 3870 VALLEY
STREET BETWEEN TAMARACK AVENUE AND ANDREA
AVENUE.
CASE NAME: MIRANDA SATELLITE ANTENNA
CASE NO: SA 91-7 (APPEAL)
WHEREAS, a verified application for certain property, to wit:
Lot 26 of Parcel Map 4891 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; anc
WHEREAS, said verified application constitutes a request as provided bJ
Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of September
1992, hold a duly noticed public hearing as prescribed by law to consider said request
and
WHEREAS, at said public hearing, upon hearing and considering a1
I testimony and arguments, if any, of all persons desiring to be heard, said CommissioI
considered all factors relating to SA 91-7.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissio~
of 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
UPHELD the Planning Director’s decision to DENY SA 91-7, based on the
following findings and subject to the following conditions:
FhdingS:
1. That the satellite antenna does not conform to Section 21.53.140(d)(3) of th
Zoning Ordinance, which limits antenna heights to 15 feet, because the antenn
is 20 feet tall. i I i
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2. That the satellite antenna does not conform to Section 21.53.140(d)(5) of the
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3, That the property is of adequate size and shape to accommodate a satellite 2
Zoning Ordinance which requires satellite antennas to be screened.
antenna within the regulations set forth in Section 21.53.140 and would not result
in the imposition of unreasonable costs considering the purchase and installation
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4. There are no exceptional or extraordinary circumstances or conditions applicable
to the property or to the intended use that do not apply generally to other
property or class of use in the same vicinity and zone since the subject has similar
physical characteristics to the surrounding properties.
5. That the granting of such Satellite Antenna Permit will be injurious to the property
or improvements in such vicinity and zone in which the property is located since
the antenna is completely visible from the adjacent properties.
lo 6. That the antenna is not necessary for the preservation 'and enjoyment of a
zone since surrounding properties also have to comply with the regulations in 11 substantial property right possessed by other property in the same vicinity and
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7. That the imposition of the requirements of Section 21.53.140 (Carlsbad Municipal 13
Section 21.53.140.
Code) will not prevent, or impose an unreasonable limitation on reception of
satellite delivered signals or impose an excessive cost to install the antenna in a
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I PC RES0 NO. 3426 -2-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planninj
Commission of the City of Carlsbad, California, held on the 2nd day of September, 1992
by the following vote, to wit:
AYES: Chairperson Erwin, Commissioners: Schlehuber, Schramrr
Noble, Welshons & Savary,
NOES: Commissioner Hall.
ABSENT: None.
a ABSTAIN: None.
9 / L" c.
10 TOM ERWIN, Chairperson
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ATTEST:
CARLSBAD PLANNING COMMISSION
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PLANNING DIRECTOR
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PC RES0 NO. 3426 -3-