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HomeMy WebLinkAbout1992-09-02; Planning Commission; Resolution 34264 I/ 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 19 I 20 21 22 23 24 25 26 27 28 1 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 ~9 0 0 2. That the satellite antenna does not conform to Section 21.53.140(d)(5) of the 1 3 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 4 of the equipment. 5 6 7 a 9 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 12 14 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 15 manner required by Section 21.53.140 (Carlsbad Municipal Code). 16 ... 17 18 19 2o I ... ... ... 21 ... 22 ." 23 24 25 26 27 28 I ... ... ... ... I ... I PC RES0 NO. 3426 -2- R b 0 * 1 2 3 4 5 6 7 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 I1 12 13 ATTEST: CARLSBAD PLANNING COMMISSION 14 15 16 17 PLANNING DIRECTOR I,8 /I 19 I 20 21 22 23 24 25 26 27 28 PC RES0 NO. 3426 -3-