HomeMy WebLinkAbout2002-10-16; Planning Commission; Resolution 52591
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PLANNING COMMISSION RESOLUTION NO. 5259
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, DENYING A REAR
AND SIDE YARD SETBACK AND REDUCTION IN
BUILDING SEPARATION VARIANCE ON PROPERTY
GENERALLY LOCATED AT THE NORTHEAST CORNER OF
TAMARACK AVENUE AND MARGARET WAY IN LOCAL
FACILITIES MANAGEMENT ZONE 1.
CASE NAME: TAMARACK MANOR VARIANCE
CASE NO: V 01-03
WHEREAS, Jeffrey and Anastasia Schmoll, "Developer/Owner," has filed a
verified application with the City of Carlsbad regarding property described as
Lot 1 of Tamarack Manor, according to Map No. 4832, filed in
the Office of the County Recorder on August 3, 1961, in the
City of Carlsbad, County of San Diego, State of California
("the Property"); and
WHEREAS, said application constitutes a request to reduce the required rear
yard setback from 15.6 feet to 1.6 feet, reduce the required side yard setback from 7.8 feet to
3.0 feet, and reduce the required building separation from 10.0 feet to 3.0 feet; and
WHEREAS, said verified application constitutes a request for a Variance as
shown on Exhibits "A" - ltB'l dated August 7, 2002, on file in the Carlsbad Planning
Department, TAMARACK MANOR VARIANCE - V 01-03 provided by Chapter 21.50 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 7th day of August, 2002, on
the 18th day of September, 2002, on the 2nd day of October, 2002, and on the 16th day of
October 2002 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.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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 Planning
Commission DENIES TAMARACK MANOR VARIANCE - V 01-03 based on
the following findings and subject to the following conditions:
FindinFs:
1.
2.
3.
4.
5.
That special circumstances do not apply to the subject property in that the 7,693 square
foot lot size and configuration are similar to the surrounding single family lots and
exceeds the minimum 7,500 square foot lot size of the underlying zone; the site is flat
and contains no slopes that might constrain the buildable proportion of the
property; no easements or other encumbrances exist on the property; and the single
family residential property is surrounded by other single family properties with the
same One Family Residential (R-1) zoning designation.
That the variance is not necessary for the preservation and enjoyment of a substantial
property right possessed by other property in the same vicinity and zone but which is
denied to the property in question in that there is adequate buildable area behind the
existing single family home to accommodate the 630 square foot habitable space
without the need to encroach into any required setbacks provided that the addition
is attached to the main residence; and the surrounding properties do not contain
non-permitted buildings with reduced setbacks.
That the granting of such variance will be materially detrimental to the public welfare or
injurious to the property or improvements in such vicinity and zone in which the property
is located, in that the proposed reduced rear yard of one (1) foot, seven (7) inches
does not meet the minimum three (3) foot structural setback for Type V non-rated
construction as required by the Uniform Building Code for fire safety; and the
proposed three (3) foot building separation does not meet the minimum six (6) foot
building separation for Type V non-rated construction as required by the Uniform
Building Code for fire safety.
That the granting of the variance will not adversely affect the comprehensive general plan
in that there are no goals, policies, or objectives that directly relate to the proposed
variance and no adverse impact on the general plan would result.
That the variance is not 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 there are no other structures within three (3) or less feet of the
respective property line on any of the neighboring properties, no other non-
permitted buildings are separated by only three (3) feet in the area; and setbacks of
three (3) feet or less are not allowed in any residential zones.
PC RES0 NO. 5259 -2-
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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 feedexactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file 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.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions
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 16th day of October, 2002, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Dominguez,
Heineman, Trigas, White, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
SEENA TRIGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
\ I &~OQ*
M~CHAEL J. HOBMILLER
Planning Director
PC RES0 NO. 5259 -3-