HomeMy WebLinkAbout1992-11-04; Planning Commission; Resolution 34507 I1 0
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PLANNING COMMISSION RESOLUTION NO. 3450
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
VARIANCE TO 1) ALLOW A REDUCED SETBACK FROM THE
REQUIRED 40 FEET TO 20 FEET FROM THE CARLSBAD
REDUCTION OF THE REQUIRED 30 FOOT WIDE DRIVEWAY
TO 12 FEET WIDE GENERALLY LOCATED 3636 AND 3638
CARLSBAD BOULEVARD.
CASE NAME: BABCOCK CONDOMINLUMS
BOULEVARD RIGHT-OF-WAY, AND 2) ALLOW A
CASE NO: V 92-01
8 II WHEREAS, a verified application for certain property, to Wit:
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Lot "0" of Block two (2) of Palisades Height, in the City of
Carlsbad, County of San Diego, State of California, as per
Map thereof No. 1777, fled in the office of the County
Recorder of San Diego County January 11 , 1924.
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WHEREAS, said verified application constitutes a request as provided by 13
has been filed with the City of Carlsbad, and referred to the Planning Commission; and
Title 21 of the Carlsbad Municipal Code; and
15 11 WHEREAS, the Planning Commission did, on the 4th day of November,
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I? /I 1992, hold a duly noticed public hearing as prescribed by law to consider said request;
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19 WHEREAS, at said public hearing, upon hearing and considering all
20 I testimony and arguments, if any, of all persons desiring to be heard, said Commission
21 I/ considered all factors relating to V 92-01.
22 ll NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission 23
24 of the City of Carlsbad as follows:
25 A) That the above recitations are true and correct.
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B) That based on the evidence presented at the public hearing,
the Commission APPROVES V 92-01, based on the following
findings and subject to the following conditions:
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is 7,500 square feet) with a substandard width of 53.05 feet (minimum lot width 4
1. There ARE exceptional and extraordinary circumstances applicable to the property
3 that do not apply generally to the other property in the same vicinity and zone.
The lot has a substandard size of 6,795 square feet (minimum lot size per standard
per standard is 60 feet).
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These substandard dimensions provide a constraint on developable area which do 6
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not apply to properties in the vicinity and zone. Relaxation of the 40 foot front
yard setback and driveway standards are therefore necessary to provide for the
same buildable area as other identical properties in the vicinity and zone. Access
8 cannot be provided as it can for other properties in the vicinity because the
easements needed to access Juniper Avenue or Cherry Avenue via an alley cannol
required to extend from Carlsbad Boulevard to the rear of this 53.05 foot widc
property where it currently serves 4 covered residential spaces and one coveret
guest space, room to accommodate only a 15 foot wide building would remain
This would represent a constraint to the developable area not shared by othe
existing structure. 13
14 Because the lot is only 53.05 feet wide, a 30 foot wide driveway would also cove
an unreasonably large area (57%) of the front yard leaving little area fo
15 landscaping. The proposed 12 foot wide driveway provides access to only 2 unib
9 be obtained fiom adjacent property owners. If a 30 foot wide driveway werc
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12 properties in the same vicinity and zone and it would require demolition of th{
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2. The variance is necessary for the preservation and enjoyment of a substantia
property right possessed by other properties in the same vicinity and zone bu
which is being denied to the property in question because other properties whicl
front Carlsbad Boulevard between Cherry Avenue and Juniper Street have bea
able to develop by either accessing a rear yard alley (which altogether eliminate
the need for a driveway directly from Carlsbad Boulevard) or in the case of come
lots, directly accessing Cherry Avenue or Juniper Street. Unlike the majority c
adjacent properties, the only option available to the subject property is to provid
direct access to Carlsbad Boulevard, which in tum, imposes the 30 foot wid
parking in the rear. This would thereby reduce the available developable arc
below that enjoyed by comparable properties in the vicinity and zone.
driveway requirement along the entire Iength of the property in order to acce!
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PC RES0 NO. 3450 -2-
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3. The granting of the variance will not be materially detrimental to the publi
welfare or injurious to the property or improvements in the same vicinity and zon
in which the property is located because other buildings are setback approximatel
20 feet from carlsbad Boulevard and contain less than 30 foot wide driveway:
No known detrimental effects to the public welfare have occurred from thes
related reduced standards, and none are antiapated for converting the duplex t
a condominium.
4. The General Plan and its related elements will not be adversely affected becaus
the modification hm standards are confined within the boundaries of the subjec
property and considered insufficient to disrupt or conflict with the Plan’s goals anr
objectives.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannin,
Commission of the City of Carlsbad, California, held on the 4th day of November, 1992
by the following vote, to wit:
AYES: Chairperson Erwin, Commissioners: Schlehuber, Schram
Noble, Welshons, Savary & Hall.
NOES: None.
ABSENT: None.
ABSTAIN: None.
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TOM ERWIN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
PLANNING DIRECTOR
PC RES0 NO. 3450 -3-