HomeMy WebLinkAbout1979-07-03; City Council; 5869-1; Appeal of V 290 - Zipser\
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CITY OF CARLSBAD
AGENDA BILL NO. 5869-Supplement 1
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Initial:
DATE:_~J~u~liY--=.3~,-=-1~9~7~9 ______________ _
DEPARTMENT:_......::C~i~t~y~A~t~t~o~r~n~e::::..L,.y ________ _
Subject:
Dept.Hd •.. · ..
C. Atty.\}f/!,
C. Mgr. §
APPEAL OF VARIANCE 290, ZIPSER
Statement of the Matter
The City Council at your meeting of June 19, 1979 directed
the City Attorney to prepare the necessary documents denying
appeal of Variance 290. A resolution in that regard is
attached.
Mr. Stanley Zipser has requested to speak relative to the .
subject matter.
Exhibit
Resolution No.0f'¥3.
Letter from Stanley Zipser dated June ·21# 1979
Recommendation
If the Council concurs, your action is to adopt Resolution No.5?¥3
If as a result of. Mr. Zipser' s concerns th_e Council wishes to
reconsider the matter further, staff sh6uld ba instructed t6
advertise the matter for rehearing.
Council Action
7-3-79: Council directed that the matter be renotic~d for a public
hearing on August 21, 1979
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RESOLUTION NO. 5843
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA UPHOLDING THE
PLANNING COMMISSION RECOMMENDATION AND DECISION
AND DENYING THE APPEAL FOR A VARIANCE FROM
SECTION 21.47.130(2) TO ALLOW A REDUCTION IN
THE REQUIRED VISITOR PARKING FROM TWO SPACES
TO ONE SPACE ON PROPERTY GENERALLY LOCATED
ON THE WEST SIDE OF OCEAN STREET BETWEEN
PACIFIC AVENUE AND OCEAN STREET. CASE NO.V-290(1),
APPLICANT: .. STANLEY ZTPSER.
WHEREAS, on May 9, 1979, the Carlsbad City Planning
Commission adopted Resolution No. 1519, which is herewith
referred to and made a part hereof, denying a Variance (V-290(1))
from Section 21.47.130(2) to allow a reduction in visitor
parking, on property generally located on the wets side of
Ocean Street between Pacific Avenue and Ocean Street, more
particularly described as:
Lot 2, Granville Park, in the County of San Diego,
15 State of California, according to Map thereof No. 1782,
filed in the Office of the Recorder of San Diego County,
16 February 21, 1924, excepting therefrom that portion
thereof, if any, lying below the mean high tide line of
17 the Pacific Ocean;
18 and
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WHEREAS, on May 22, 1979, a proper appeal was filed by
the applicant in protest of the Planning Commission's denial;
and
WHEREAS, the City of Carlsbad has determined V-290(1)
to be exempt from environmental review according to Section
19.04.090(c) (4) of the Carlsbad Environmental Protection
Ordinance which exempts minor alterations in land use
limitations; and
WHEREAS, a duly noticed public hearing was held by the
City Council on June 19, 1979 to consider the appeal of said
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denial at which time all persons interested in or opposed to the
proposed variance were heard and the decision of the Planning
Commission considered;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the findings of the Planning Commission as
set forth in Planning Commission Resolution No. 1519 constitute
the findings of the City Council.
3. That the City Council hereby denies this appeal and
affirms the decision of the Planning Commission to deny the
variance.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad on the ____ day of
, 1979 by the following vote, to wit: --------
AYES:
NOES:
ABSENT:
RONALD C. PACKARD, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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LAW OFFICES
PASTOR AND ZIPSER
A PROFESSIONAL CORPORATION
JEROME PASTOR
STANLEY ZIPSER
MIKAEL KOLTA!
LEONARD J. MEYBERG, JR.
OF COUNSEL
Clerk
City of Carlsbad
1200 Elm Street
Carlsbad, California 92008
Re: 2459 Ocean Street, Carlsbad
Dear Sir:
e
June 21, 1979
While visiting the City offices yesterday, regarding
a matter currently pending with the Engineering Department,
I was, to put it mildly, abruptly surprised to learn that the
appeal of my wife and me from an adverse Planning Commission
decision on a variance application was on the City Council
calendar for June 19, 1979 -the previous day!
My letter of June 1, 1979 asked for a postponement
from the originally assigned date of June 5 "to the next hearing
date convenient to the Council's calendar." (See attached
copy of letter). As has been true with prior hearing matters, I
had anticipated some written notice or telephone communication
of the hearing date and received neither. I, therefore, assumed
that some date in July would be assi~-~d -a fact mentioned during
a telephone discussion with the Clerk 3 or City Manager's office
prior to sendi~g my letterrequesting the continuance.
Please be assured that the variance application is of
the utmost importance to us and that we would not knowingly allow
the matter to be decided without exercising our right to address
the Council personally and, hopefully, to present relevant facts
and factors which should be considered in the decision making
process.
The purpose of this letter is to request that the matter
be restored to the Council's future calendar.and that, if deemed
appropriate, I be allowed to appear personally at your July 3, non-
public hearing to explain more fully the nature of some alterna-
tive solutions which have been, and are being, studied.
Clerk
City of Carlsbad
June 21, 1979
Page 2
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I understand that on July 3 some documentation from
the Planning staff is to be furnished you for your examination.
It is, therefore, my further request that such procedure be
delayed until after a rescheduled hearing has taken place.
I sincerely hope you will act favorably on these requests
and will not permit the recent inadvertence to foreclose further
exploration of this most important issue, the resolution of which
will have extremely far reaching personal and, of course,
economic consequences.
MeyI have a reply at your earliest convenience.
SZ/b
Enclosure
cc: Paul Bussey,
City Manager
Ronald C. Packard, Mayor
and Council Member
ve:r:Y---·---truly y9--uJrs,-
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_) l4h.Jic1 . ) /vL,,_-.-s tan1ey ZifJ·§~t · / · /' . .-/ '---"..,
Anthony J. Skotnicki, Vice Mayor
and Council Member
Claude A. Lewis
Council Member
Mary H. Casler
Council Member
Girard Anear
Council Member