HomeMy WebLinkAbout1998-04-15; Planning Commission; Resolution 42570 0
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PLANNING COMMISSION RESOLUTION NO. 4257
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING TWO
VARIANCES ON PROPERTY LOCATED AT 2701 OCEAN
STREET IN LOCAL FACILITIES MANAGEMENT ZONE 1 TO
ALLOW A FIVE FOOT WIDTH ADDITION TO AN EXISTING
15 FOOT WIDE, 27 FOOT IN HEIGHT, THREE STORY
STRUCTURE. THE VARIANCES ARE FOR A TWO CAR
GARAGE WITH AN INTERIOR DIMENSION OF LESS THAN
TWENTY FEET BY TWENTY FEET AND THE ALLOWANCE
OF THE ADDITION TO THE EXISTING STRUCTURE
WHERE A 24 FOOT IN HEIGHT, TWO STORY STRUCTURE
(WHEN THE ROOF PITCH IS LESS THAN 3/12) WOULD BE
REQUIRED.
CASE NAME: MANN RESIDENCE
CASE NO: V 97-02
WHEREAS, William C. Mann, “Developer”, has filed a verified aF
with the City of Carlsbad regarding property owned by William C. Mann, “Owner”, (
as
All of Lots 28 and 29, Block “A” of Map No. 2 of the Hayes
Land Company Addition in the City of Carlsbad, County of
San Diego, State of California, According to Map Thereof No.
1221, Filed in the Office of the County Recorder of San Diego,
November 4, 1909 excepting from said Lots 28 and 29 the
Northeasterly 5 feet thereof.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a V~I
shown on Exhibit(s) b‘A’?-b‘B’’. dated April 15, 1998, on file in the Carlsbad
Department, MANN RESIDENCE V 97-02, provided by Chapter 21.50 of the 1
Municipal Code; and
WHEREAS, the Planning Commission did on the 15th day of April, 199
duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all t8
and arguments, if any, of all persons desiring to be heard, said Commission considered a
relating to the Variance.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
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 APPROVES MANN RESIDENCE V 97-02 based
following findings and subject to the following conditions:
Findings:
1. That there are exceptional or extraordinary circumstances or conditions applical
property or to the intended use that do not apply generally to the other property 0.
use in the same vicinity and zone, in that the project has extreme topog
limitations on its ability to design a two story structure of similar size
properties to the east of Ocean Street where larger, flatter lots are prese
property has both an access and a view corridor easement across it, which
limits the usable area, unlike the vast majority of properties within the Bea
Overlay. The existing 27 foot, three story structure cannot be provided wi
car garage with a minimum interior dimension of 20 feet by 20 feet as the
the developable area of the lot is 20 feet.
2. That the requested variance is necessary for the preservation and enjoyml
substantial property right possessed by other property in the same vicinity and
which is denied to the property in question, in that the circumstances note
previous finding when combined with the development standards of t
substantially reduce the developable area of the property.
3. That the granting of this variance will not be materially detrimental to the public
or injurious to the property or improvements in the vicinity and zone in m
property is located, in that such requested improvements are similar in st
intensity to surrounding development. In fact this project falls at the lowe
the development spectrum when it comes to scale for the neighborhood on
side of Ocean Street due substantially to the view corridor easement, whit
the intent of the zone’s purpose to protect the unique mix of residential deve
and aesthetic quality of the area.
4. That the granting of this variance will not adversely affect the General Plan, in
project is a five foot width addition to an existing single family structul
PC RES0 NO. 4257 -2-
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comprehensive General Plan of the City of Carlsbad includes additions '
family structures within its purpose and intent.
Conditions:
1. Approval of Variance 97-02 is granted subject to approval of CDP 97-23. Vari
02 is subject to all conditions contained in Resolution No. 4256 for CDP 97-23.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 15th day of April, 199;
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, h
Savary, and Welshons
NOES: Commissioners Neilsen
ABSENT:
ABSTAIN:
ATTEST:
- MICHAEL J. HOL&ILLI~$
Planning Director
PC RES0 NO. 4257 -3-