HomeMy WebLinkAbout2003-02-05; Planning Commission; Resolution 53591
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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.
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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-
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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-