Loading...
HomeMy WebLinkAbout2003-02-05; Planning Commission; Resolution 53591 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2c 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5359 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 2649 OCEAN STREET IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: KIKO RESIDENCE CASE NO: V 02-05 WHEREAS, Frederick Kiko, “Developer”/”Owner,” has filed a verified application with the City of Carlsbad regarding property described as Lots 13 and 14 in Block “A” of Hayes Land Company addition to Carlsbad Map No. 2, in the City of Carlsbad, County of San Diego, State of California, according to the map thereof No. 1221, filed in the office of the County Recorder of San Diego County, November 4, 1909, including that portion if any lying between the above described property and the line of ordinary high tide of the waters of the pacific Ocean and excepting that portion, if any, of said lots lying below the line of the ordinary high tide of the waters of the Pacific Ocean (“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 - J” dated February 5, 2003, on file in the Carlsbad Planning Department, KIKO RESIDENCE - V 02-05 provided by Chapter 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 5th day of February, 2003, 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. 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 Commission A) B) NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning of the City of Carlsbad as follows: That the above recitations are true and correct. That based on the evidence presented at the public hearing, the Planning Commission APPROVES KIKO RESIDENCE - V 02-05 based on the following findings and subject to the following conditions: Findings: 1. That special circumstances apply to the subject property in that constraints on the lot include a coastal string-line setback, sloping topography and availability of only approximately 50’ of developable flat pad, 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 the west side of Ocean Street, such that the strict application of the zoning ordinance deprives said property of privileges enjoyed by other property in the vicinity and under the identical zoning classification. 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 footage enjoyed by other properties located on the west of Ocean Street. Conditions: 1. Approval is granted for V 02-05, as shown on Exhibits “A - J,” dated February 5,2003, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. This approval is granted subject to the approval of CDP 02-28 and SUP 02-01 and is subject to all conditions contained in Planning Commission Resolutions No. 5357 and 5358 for those other approvals, incorporated by reference herein. 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 PC RES0 NO. 5359 -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 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 5th day of February, 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Dominguez, Heineman, Segall, White, and Whitton NOES: None ABSENT: None ABSTAIN: None R, Chairperson COMMISSION ATTEST: Planning Director PC RES0 NO. 5359 -3-