HomeMy WebLinkAbout1994-02-02; Planning Commission; Resolution 3626I 1 II 0 *
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PLANNING COMMISSION RESOLUTION NO. 3626
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, GRANTING AN APPEAL
OF THE PLANNING DIRECTOR'S DENIAL OF AN
ADMINISTRATIVE VARIANCE TO ALLOW A REDUCED SIDE
YARD SETBACK FOR A SINGLE FAMILY HOME LOCATED AT
813 WINDWARD LANE.
CASE NAME: FRANCAWLLA RESIDENCE
CASE NO: AV 93-04
WHEREAS, a verified application for certain property, to wit:
Located in Lot 186 of Tract 8329 in the City of Carlsbad,
County of San Diego,
has been filed with the City of Carlsbad, and referred to the Planning Commission; an(
WHEREAS, said verified application constitutes a request as provided bl
Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of January, 1994
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering al
testimony and arguments, if any, of all persons desiring to be heard, said Commissiol
considered all factors relating to AV 93-04.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissior
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
GRANTS an appeal of the Planning Director's denial of AV 93-04, and
approves a solarium within the required side yard, based on the following
findings:
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FindinRs:
1. The Planning Commission finds that there are exceptional or extraordina
circumstances or conditions applicable to the property or to the intended use th
do not apply generally to the other property or class of use in the same vicini
and zone. The applicants believed, and have provided documents supporting thc
belief that, the proposed solarium had been approved by the City. T:
Commission finds that, based on that documentation, the applicant could ha1
reasonably believed that the solarium had the approval of the City. The
therefore, made a substantial investment in the solarium, based on a property rig
they believed they had.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannil
Commission of the City of Carlsbad, California, held on the 2nd day of February, 199
by the following vote, to wit:
AYES: Chairperson Savary, Commissioners: Betz, Welshons, Erwi
& Hall.
NOES: Commissioner Noble.
ABSENT: None.
ABSTAIN: None.
ATTEST:
CARLSBAD PLANNING COMMISSION
MICHAEL J. G&ZMILL%
PLANNING DIRECTOR
I PC RES0 NO. 3626 -2-
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