HomeMy WebLinkAbout2001-01-03; Planning Commission; Resolution 49041
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PLANNING COMMISSION RESOLUTION NO. 4904
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
VARIANCE TO ALLOW A ZERO FOOT FRONT YARD
SETBACK ON PROPERTY GENERALLY LOCATED AT 3075
OCEAN STREET IN LOCAL FACILITIES MANAGEMENT
ZONE 1.
CASE NAME: QUIRK RESIDENCE
CASE NO: v 00-401
WHEREAS, Thoryk Architecture, “Developer,” has filed a verified application
with the City of Carlsbad regarding property owned by Edward and Maria Quirk, “Owner,”
described as
That portion of the Town of Carlsbad, County of San Diego,
State of California, according to map thereof No. 365, tiled in
the office of the County Recorder of San Diego County, on
February 2,1887.
(“the Property”); and
WHEREAS, said application constitutes a request to allow a zero foot front yard
setback; and
WHEREAS, said verified application constitutes a request for a Variance as
shown on Exhibits “A“ - “I” dated January 3, 2001, on file in the Carlsbad Planning
Department, QUIRK RESIDENCE - V 00-401 provided by Chapter 21.50 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did on the 3rd day of January, 2001,
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 testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Variance.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
1 -4 That the above recitations are true and correct.
2 B) That based on the evidence presented at the public hearing, the Planning
3 Commission APPROVES QUIRK RESIDENCE - V 00-401 based on the
4 following findings and subject to the following conditions:
5 Findings:
1. That special circumstances apply to the subject property in that constraints on the lot,
including a coastal string-line setback, sloping topography and the need to limit the
height of the Ocean Street facade per the Coastal Shoreline Development overlay
zone, only approximately 26’ of developable flat pad is available west of the 20’
front yard setback. This limits the ability to design a two-story structure with
garage similar in size to those presently located on Ocean Street.
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2. That the variance is subject to conditions which will assure that the adjustment(s) thereby
authorized will not constitute a grant of special privileges inconsistent with the
limitations upon other properties in the vicinity and zone in which the subject property is
situated in that the majority of lots on the west side of Ocean Street provide garages
or parking structures within the front yard setback due to the lot constraints
described above. Without the approval of the variance, a significant portion of the
level area of the lot would be undevelopable, preventing the applicant from
achieving similar lot coverage and square footages enjoyed by similar properties on
Ocean Street.
Conditions:
1. Approval is granted for V 00-401, as shown on Exhibits “A” - “I,” dated January 3,
2001, incorporated by reference and on file in the Planning Department. Development
shall occur substantially as shown unless otherwise noted in these conditions.
19 2.
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This approval is granted subject to the approval of CDP 00-50 and is subject to all
conditions contained in Planning Commission Resolution No. 4903 for those other
approvals
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NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and tile the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
PC RESO NO. 4904 -2-
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You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 3rd day of January, 2001, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman,
L’Heureux, Nielsen, and Trigas
NOES:
ABSENT:
ABSTAIN:
L
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RESO NO. 4904 -3