HomeMy WebLinkAbout2002-12-04; Planning Commission; Resolution 53231
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
PLANNING COMMISSION RESOLUTION NO. 5323
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, DENYING A FRONT
YARD SETBACK VARIANCE ON PROPERTY GENERALLY
LOCATED AT 3307 JAMES DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: SEW RESIDENCE VARIANCE
CASE NO: v 02-02
WHEREAS, Ron Serab, "Developer/Owner," has filed a verified application
with the City of Carlsbad regarding property described as
Lot 3 of Carlsbad Tract 89-14, in the City of Carlsbad, County
of San Diego, according to Map No. 12888, filed in the Office of
the County Recorder on November 7,1991
("the Property"); and
WHEREAS, said application constitutes a request to reduce the required front
yard setback from twenty feet to six inches to accommodate an attached carport; and
WHEREAS, said verified application constitutes a request for a Variance as
shown on Exhibits "A" - rlBcc dated December 4, 2002, on file in the Carlsbad Planning
Department, SERAB RESIDENCE VARIANCE V 02-02 provided by Chapter 21.50 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 4th day of December, 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.
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.
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
B) That based on the evidence presented at the public hearing, the Planning
Commission DENIES SERAB RESIDENCE VARIANCE - V 02-02 based on
the following findings and subject to the following conditions:
Findinps:
1.
2.
3.
4.
That special circumstances do not apply to the subject property in that the 12,231 square
foot lot size and configuration are similar to the surrounding single family lots and
the square footage exceeds the minimum 7,500 square foot lot size of the underlying
zone as well as the 10,000 square foot lot size required of panhandle lots; the site is
flat and contains no slopes that might constrain the buildable proportion of the
property or potential parking areas; no significant 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
(€2-1) 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 adequate covered parking space,
commensurate with residential use and similar to surrounding properties, currently
exists on the site, and sufficient open area exists on the lot to facilitate uncovered
parking within the areas permitted by the Carlsbad Municipal Code without the
need for a variance.
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 requested variance would permit the reduction of a substantial
portion of a front yard setback and would allow a structure to be constructed nine
inches from the front property line. Setbacks are necessary to provide proper
building separation to ensure the provision of light and air, to prevent the spread of
fire, and to provide adequate yards and open space on residential lots.
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.
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.
PC RES0 NO. 5323 -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
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 feedexactions 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 4th day of December, 2002, by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Baker, Dominguez,
Heineman, Segall, White, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
SEENA TRIGAS, Chairperson
CARLSBAD PLANNING COMMISSION
-
ATTEST:
Planning Director
PC RES0 NO. 5323 -3-