HomeMy WebLinkAbout1996-04-03; Planning Commission; Resolution 3910L
4
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
0 0
PLANNING COMMISSION RESOLUTION NO. 3910
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, UPHOLDING
THE PLANNING DIRECTORS DECISION TO DENY AN
FOOT TALL FENCE ON PROPERTY GENERALLY
LOCATED AT 1110 CAMINO DEL SOL CIRCLE,
CASE NAME: TARYAN FENCE AND WALL
APPEAL
CASE NO: AV 95-02
WHEREAS, John S. Taryan has filed a verified application fol
ADMINISTRATIVE VARIANCE TO ALLOW AN ELEVEN-
property, to wit:
Parcel 9 of Camino Del Sol , in the City of Carlsbad, County of
San Diego, State of California, according to parcel map thereof
No. 5406 filed in the Office of the County Recorder of San
Diego County, June 16,1964.
with the City of Carlsbad, which has been referred to the Planning Commission;
WHEREAS, said verified application constitutes a request
Administrative Variance as provided by Chapter 21.51 of the Carlsbad Municipal Cl
WHEREAS, the Planning Commission did, on the 3rd day of April, 15
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all tt
and arguments, if any, of all persons desiring to be heard, said Commission consic
factors relating to AV 95-02.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the 1
Commission 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 DENIES Administrative Variance, AV 95-02,
based on the following findings:
....
\
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
I1
0 0
Findings:
1. That there are not exceptional or extraordinary circumstances or c(
applicable to the property or to the intended use that do not apply general
other property or class of use in the same vicinity and zone, in that other PI
are similar in shape, size and topography. All the lots in the vicinity are rec
in shape, are wider than the minimum width, and meet the 7500 square foa
requirement of the R-1-7500 zone. The property adjacent to the north is at
elevation of the subject property. The six-foot tall masonry fence along the
property line meets five-foot minimum pool fencing requirement for the
property. The bottom of the fence on the easterly side (interior side yard) 1
the top of the masonry wall. This meets the fencing requirements for the p
wooden fence attached to the top of the masonry wall is above the six-fc
height allowance and is above and beyond the fencing requirements for PO
2. That the requested variance is necessary for the preservation and enjoyn
substantial property right possessed by other property in the same vicinity :
but which is denied to the property in question, in that no other proper]
vicinity has an approved wall or fence over six feet in height.
3. That the granting of this variance could be materially detrimental to the
property since it would expose the adjacent property to a solid barrier elevc
height which could reduce light and air circulation.
4. That the granting of this variance will not adversely affect the General Plar
the property is developed with a single-family home which is consistent
Residential Low-Medium (RLM) General Plan Land Use designation.
....
....
....
....
....
....
....
....
....
....
PC RES0 NO. 3910 -2-
e 0
%
1
3,
Planning Commission of the City of Carlsbad, California, held on the 3rd day of Ap, 2
PASSED, APPROVED, AND ADOPTED at a regular meetin)
by the following vote, to wit:
4
5
6
7
8
9
10
AYES: Chairperson Compas, Commissioners Monroy, No1
Welshons
NOES: Commissioners Nielsen and Savary
ABSENT: Commissioner Erwin
ABSTAIN: None
11
12 hLi!L&w+ WILLIAM COMPAS, Chairperson
CARLSBAD PLANNING COMMISSION 13
14
15 ATTEST:
16
17 MICHAEL J.HOLZ~LLER
l8 ll Planning Director
19
20
21 ll
22
23
24
25
26
i 27
28
PC RES0 NO. 3910 -3-