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HomeMy WebLinkAbout1992-12-02; Planning Commission; Resolution 3465F e 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 ’ I PLANNING COMMISSION RESOLUTION NO. 3465 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, GRANTING A PARTIAL, APPROVAL OF THE PLANNING DIRECTOR’S DENIAL, OF AN ADMINISTRATIVE VARIANCE TO ALLOW AN EIGHT FOOT RETAINING WALL IN THE REQUIRED SIDEYARD SETBACK AND A REDUCED SIDEYARD SETBACK FROM EIGHT FEET TO TWO FEET LOCATED AT 3317 CADENCIA STREET. CASE NAME: HILL RESIDENCE CASE NO: AV 91-12 WHEREAS, a verified application for certain property, to wit: Located in Lot 309 of Carlsbad Tract 72-20 Unit No. 3, 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 2nd day of Decemb 1992, hold a duly noticed public hearing as prescribed by law to consider said reque and WHEREAS, at said public hearing, upon hearing and considering testimony and arguments, if any, of all persons desiring to be heard, said Commissi considered all factors relating to AV 91-12. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissj 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 partially overturned the Planning Director’s denial of AV 91-12, GRANTING a partial APPROVAL, specifically, allowing the 8 foot wall but not the reduced sideyard setback, based on the following findings: .... I 1 1 .... .... I1 *- a e Findins: 1 2 1. Section 21.46.130 dows the Planning Commission to approve fences that excc six feet if special cirmmstances exist. Planning Commission found that spec 3 conditions do exist as outlined in the minutes of the December 2,1992 meeti 4 2. The wall is not detrimental to the surrounding properties as evidenced by lack surrounding neighbor opposition to the 8' wall. 5 6 7 8 by the following vote, to wit: PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planni Commission of the City of Carlsbad, California, held on the 2nd day of December, 19! 9 10 11 12 AYES: Chairperson Erwin, Commissioners: Schlehuber, Schram Noble, Welshons, Savary & Hall NOES: None ABSENT: None 13 I/ ABSTAIN: None 14 I/ 15 16 ATTEST: F '. ("- ~L+%""---" - TOM ERWIN, Chairperson CARLSBAD PLANNING COMMISSIOI % 19 20 I PLANNING DIRECTOR 21 22 23 24 25 26 27 28 11 PC RES0 NO. 3465 -2- II