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HomeMy WebLinkAbout1999-09-15; Planning Commission; Resolution 46411 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 1, 0 0 PLANNING COMMISSION RESOLUTION NO. 4641 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN ADMINISTRATIVE VARIANCE ON PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF CARLSBAD BOULEVARD AND CHESTNUT AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: CHESTNUT CONDOS CASE NO: AV 99-06 WHEREAS, Barry Blue, “Developer” and “Owner”, has filed a application with the City of Carlsbad regarding property described as Plot 4, Block “B” Palisades, City of Carlsbad (“the Property”); and WHEREAS, said verified application constitutes a request for a Va shown on Exhibits “A-I” dated September 15, 1999, on file in the Carlsbad Department, CHESTNUT CONDOS, AV 99-06 provided by Chapter 21.50 of the Municipal Code; and WHEREAS, the Planning Commission did on the 15th day of Septemk hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all and arguments, if any, of a11 persons desiring to be heard, said Commission considered 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 CHESTNUT CONDOS, AV 99-06 based on the followin: and subject to the following conditions: ... 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 0 0 Findings: 1. That special circumstances apply to the subject property in that the lot fronts on arterial street, which pursuant to the Planned Development Ordinanc require an overly burdensome (40 feet) front yard setback that has 1 required of previous Planned Developments along Carlsbad Boulevard, suc strict application of the zoning ordinance deprives said property of privileges er other property in the vicinity and under the identical zoning classificatic application of this 40’ setback would substantially reduced the buildable arl property which is designated (R-3) for higher intensity residential develop1 would be inconsistent with previous residential development approva Carlsbad Boulevard. 2. That the variance is subject to conditions which will assure that the adjustment(: authorized will not constitute a grant of special privileges inconsistent limitations upon other properties in the vicinity and zone in which the subject p: situated. Conditions: 1. Staff is authorized and directed to make, or require the Developer to make, all c( and modifications to the Administrative Variance documents, as necessary them internally consistent and in conformity with the final action on the Development shall occur substantially as shown on the approved Exhibits. Any development different from this approval, shall require an amendment to this apy I 2. This approval is granted subject to the approval of MS 99-02/CP 99-07/SDP 9 CDP 99-16 is subject to all conditions contained in the Administrative Appro and Resolution No. 4637, and 4636 for those other approvals NOTICE Please take NOTICE that approval of your project includes the “imposition” dedications, reservations, or other exactions hereafter collectively referred to for conve “fees/exactions.” You have 90 days from date of final approval to protest imposition of these feedexac you protest them, you must follow the protest procedure set forth in Government Cod 66020(a), and file the protest and any other required information with the City Ma processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure ~ follow that procedure will bar any subsequent legal action to attack, review, set aside annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/ DOES NOT APPLY to water and sewer connection fees and capacity charges, nor zoning, grading or other similar application processing or service fees in connection project; NOR DOES IT APPLY to any feedexactions of which you have previously bl a NOTICE similar to this, or as to which the statute of limitations has previously 1 expired. PC RES0 NO. 4641 -2- 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 0 8 PASSED, APPROVED AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on the 15th day of September, the following vote, to wit: AYES: Chairperson Compas, Commissioners Heineman, L’Heure Nielsen, Segall, and Welshons NOES: ABSENT: Commissioner Trigas ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 4641 -3-