HomeMy WebLinkAbout1998-05-06; Planning Commission; Resolution 4286r
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PLANNING COMMISSION RESOLUTION NO. 4286
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, DENYING A
BUILDING HEIGHT VARIANCE ON PROPERTY
GENERALLY LOCATED AT THE NORTHWEST CORNER OF
CARLSBAD VILLAGE DRIVE AND HIGHLAND DRIVE IN
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: NESSIM RESIDENCE
CASE NO: V 98-01
WHEREAS, Gary Nessim, “Developer”, has filed a verified application
City of Carlsbad regarding property owned by Gary Nessim, “Owner”, described as
Parcel 2 of Parcel Map 9739, City of Carlsbad, filed in the
Office of the County Recorder February 28, 1980, County of
San Diego, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Var
shown on Exhibits “A‘ - “C”, dated May 6, 1998, on file in the Carlsbad Planning Del
NESSIM RESIDENCE - V 98-01, as provided by Chapter 21.50 of the Carlsbad h
Code; and
WHEREAS, the Planning Commission did on the 6th day of May, 199;
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all tl
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.
I B) That based on the evidence presented at the public hearing, the
Commission DENIES NESSIM RESIDENCE - V 98-01 based on the 1
findings:
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Findings:
1. That there are not exceptional or extraordinary circumstances or conditions appl
the property or to the intended use that do not apply generally to the other pr(
class of use in the same vicinity and zone, in that the subject property is appro;
the same size as the surrounding residential properties; possesses a similar
the adjacent properties; is subject to the same front, street side, internal I
rear setbacks and building height as other corner lots in the vicinity ar
thereby allowing similar development intensity for the subject propel
surrounding residential properties.
2. That the requested variance is not necessary for the preservation and enjoym
substantial property right possessed by other property in the same vicinity and
which is denied to the property in question, in that there are no other three stor.
within the vicinity and an equivalent of internal square footage can be a
without need for a building height variance; and expansion of an existir
conforming structure does not qualify as a substantial property right posst
others in the same vicinity or zone.
3. That the granting of this variance may be materially detrimental to the public w
injurious to the property or improvements in the vicinity and zone in which the
is located, in that the goal of the 1994 Building Height Revisions was to rec
number of stories and overall building height in the single family neighb
and deviation from this goal may cause materially detrimental aesthetic impa
4. That the granting of this variance will adversely affect the General Plan,
according to the Master Environmental Impact Report for the 1994 Gener
Update (MEIR 93-01), in order to implement the General Plan without in
potentially significant aesthetic impacts, development must conform to the Ir
height zoning regulations.
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PC RES0 'NO. 4286 -2-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the :
Commission of the City of Carlsbad, California, held on the 6th day of May 1998
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, h
Nielsen, Savary, and Welshons
NOES:
ABSENT:
ABSTAIN:
ATTEST:
1 - MICHAEL J. HOLZMILYER
Planning Director
PC RES0 NO. 4286 -3-