HomeMy WebLinkAbout2003-11-19; Planning Commission; Resolution 54971
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PLANNING COMMISSION RESOLUTION NO. 5497
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 2643
OCEAN STREET IN LOCAL FACILITIES MANAGEMENT
ZONE 1.
CASE NAME: RUSSELL REMODEL
CASE NO: V 03-01
WHEREAS, Karnak Planning & Design, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Joan Russell, “Owner,”
described as
Lots 11 and 12 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 November 19, 2003, on file in the Carlsbad Planning
Department, RUSSELL REMODEL - V 03-01 provided by Chapter 21.50 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did on the 19th day of November 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)
Findinps :
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
f 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 RUSSELL REMODEL - V 03-01 based on the
following findings and subject to the following conditions:
1. That special circumstances apply to the subject property in that constraints on the lot
include an undevelopable coastal bluff, a coastal stringline 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 residential structure
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 03-01, as shown on Exhibits “A” - “J” dated November 19,
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 02-50 and is subject to all
conditions contained in Planning Commission Resolutions No. 5496 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/exac t ions. ”
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 file the protest and any other required information with the City Manager for
PC RES0 NO. 5497 -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 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 19th day of November 2003, by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Dominguez, Heineman,
Montgomery, Segall, White, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
Chairperson
PLANNING COMMISSION
ATTEST:
MICHAEL J. HmZMmER
Planning Director
PC RES0 NO. 5497 -3 -