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HomeMy WebLinkAbout1979-07-03; City Council; 5869-1; Appeal of V 290 - Zipser\ / ( CITY OF CARLSBAD AGENDA BILL NO. 5869-Supplement 1 d·( 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 ,, /09 J. 2 3 4 5 6 7 8 9 10 11 12 13 14 v :J-.qo Z. lpser ( 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 19 20 21 22 23 24 25 26 27 28 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 J. 2 3 4 5 6 7 8 9 10 11 12 0 <( al CX) CJ) 13 ....I 0 0 . er: N er: <( C) -, u 14 o'LLW~ 00~~ Z >-w O Qf->LL 15 al -<( -u :;;....I u..: ' _, <( >-w u 16 f-W O ' ~z~~ u er: ~ al Z O en 17 -f-....I > f-er: <( <( >-u f-18 u 19 20 21 22 23 24 25 26 27 28 ( 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) -2- - 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 • 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,- ( ' ( '•---·-~ ' _) 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