HomeMy WebLinkAbout1993-04-21; Planning Commission; Resolution 3511II 0
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PLANNING COMMISSION RESOLUTION NO. 3511
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, UPHOLDING THE PLANNING
DIRECTOR’S DECISION TO DENY AN ADMINISTRATIVE VARIANCE
FOR A REDUCED SIDEYARD SETBACK FROM EIGHT FEET TO
TWO FEET LOCATED AT 3317 CADENCIA STREET.
CASE NAME: HILL RESIDENCE
CASE NO: AV 91-12(A)
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; an
WHEREAS, said verified application constitutes a request as provided 1
Title 21 of the Carlsbad Municipal Code; and
. WHEREAS, the Planning Commission did on the 21st day of April, 199
consider said request; and
WHEREAS, at said public hearing, upon hearing and considering 2
testimony and arguments, if any, of all persons desiring to be heard, said Commissic
considered all factors relating to AV 91-12(A).
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissic
as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commissic
UPHELD the Planning Director‘s denial of AV 91 -12(A), specifically, the reducc
sideyard setback from 8’ to 2’ based on the following findings:
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Findings:
1. There are no exceptional or extraordinary circumstances or conditions applicab:
to the property or to the intended use that do not apply generally to the othc
property or class of use in the same vicinity and zone because surrounding lo
have similar topography. The lots in the area are graded such that every parcl
has a slope to the adjacent lot. The lot is also similar in size and shape to adjace~
lots in the area and has ample developable area. There are other locations withj
the area that have ground water conditions. These properties have not us€
enclosed structures to resolve the ground water condition. The subsoil conditic
does not constitute an unnecessary hardship.
2. The requested variance is not necessary for the preservation and enjoyment of
substantial property right possessed by other property in the same vicinity ar
zone but which is denied to the property in question because no other properti.
in the area have structures in the required side yard setback. All properties in tk
surrounding area must also comply with the Zoning Ordinance.
3. The granting of this variance will be materially detrimental to the public welfal
or injurious to the property or improvements in the vicinity and zone in which tl
property is located because reduced setbacks, would in turn reduce structul
separation and amount of light available to properties and diminish available spa(
for emergency access. The granting of the Administrative Variance will set
precedence and other properties may request the same privilege as granted to tl
property in question.
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PC RES0 NO. 3511 -2-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannin
Commission of the City of Carlsbad, California, held on the 21st day of April, 1993, E
the following vote, to wit:
AYES: Chairperson Noble, Commissioners: Schlehuber, Welshon
Savary & Erwin.
NOES: Commissioners: Betz & Hall.
ABSENT: None.
ABSTAIN: None. .._- . ".
ATTEST:
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BAILEY NOSE, Chairperson
WSBAD PLANNING COMMISSION
v MICHAEL J. HOLZMIYLER
PLANNING DIRECTOR
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PC RES0 NO. 3511 -3-
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