HomeMy WebLinkAbout1980-05-20; City Council; ; AB 6250 Coast Waste Management Case No. V-304CITY OF CARLSGl\D LloK7
INIT!t~L
Dept. Hd. t;.\\. Jv;t? AGENDA BILL NO. _{g_::<5 0 _______ _
DATE: MAY 20, 1980 __· ______ C t y . At t y . \J E/3.=-----
DEPJl.RTMENT:
SUBJECT:
PLANNING
COAST WASTE MANAGEMENT
CASE NO: V-304
STATH1ENT OF THE M,;TTER
Cty. Mgr.~ ~
This request is an appeal of a decision of the Planning Commission
to deny a variance reducing the required rear yard setback from
10' to 0' on property located on the east side of Ponto Drive, south
of Palomar Airport Road. A variance approval was required per
Conditional Use Permit #171, approved by the City Council on
April 18, 1980. More detailed background information on the CUP
is contained in the staff report to the Planning Commission
dated April 23, 1980.
The Planning Commission denied the subject variance because they
could not make any of the four mandatory findings required for
approval. The only finding for which an argument can be made
supporting the .variance is that other properties in the vicinity
share a similar property right denied to the applicant. In
particular, several one story accessory structures on adjacent
properties have built to the rear property line. In the RD-M
zone, one story accessory structures are allowed to build to the
rear property line, however, the applicant's proposed building
will serve as a primary use of the site, and therefore, cannot be
considered accessory.
Further, adequate room on site exists to allow relocation of the
building 10 feet ~rom the rear property line without upsetting
traffic circulation or the normal function bf the site. It should
be noted that the building is constructed such that it is relatively
easily relocatable to other areas on the site.
Because all of the mandatory findings supporting a variance cannot
be made in this case, staff cannot support this appeal.
EXHIBITS
PC Resolution No. 1628 (V-304)
PC Staff Report dated April 23, 1980
Letter from Nick Banche dated April 21, 1980
_Exhibit "A" dated April 16, 1980
Letter of appeal dated 4/30/80
RECOMMENDATION •
Both the Planning staff and Pianning Commission recommend that
this application be DENIED and that the City Attorney be directed
to prepare documents DENYING the appeal of V-304 per Planning
Commission Resolution No. 1628.
AGENDA BILL 6250 -COAST WASTE MANAGEMENT -VARIANCE 304
Council Action
May 20, 1980 -E8~R~~~ 8~~~~igdt~heae~!~1 Att8~n~}a~giB~e6g~wi~~~~~sgfyi~6ca~gnts
approving Variance V-304, as per special conditions set forth by
the City Attorney
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PLANNING COMMISSION RESOLUTION NO. 1628
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, DENYING A VARI-
ANCE TO REDUCE THE REQUIRED REAR YARD SETBACK
FROM 10' TO 0' ON PROPERTY GENERALLY LOCATED ON
THE EAST SIDE OF PONTO AVENUE, SOUTH OF PALOMAR
AIRPORT ROAD IN THE RDM ZONE.
APPLICANT: COAST WASTE MANAGEMENT
CASE NO: V-304
WHEREAS, a verified application for certain property, to
That portion of the South two-thirds of Lot 4 {South-
east Quarter of the Southeast Quarter) of Section 29,
Township 12 South, Range 4 West, San Bernardino Meri-
dian, in the County of San Diego, State of California,
map filed Nove~ber 4, 1948.
13 has been filed with the City of Carlsbad, and referred to the Plan-
14 ning Commission; and
15 WHEREAS, said verified application constitutes a request as
16 provided by 'I'itle 21 of the Carlsbad Municipal Code; and
17 WHEREAS, the Planning Commission did, on the 23rd day of
18 April, 1980, hold a duly noticed public hearing as prescribed by
19 law to consider said request; and
20 WHEREAS, at said public hearing, upon hearing and considering
21 all testimony and arguments, if any, of all persons desiring to be
22 heard, said Commission considered all factors relating to V-304.
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l 241 sion
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261 B)
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commis-
of the City of Carlsbad as follows:
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing,
the Commission recommends DENIAL of V-304, based on the fol-
lowing findings:
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Findings:
1) That there are no exceptional or extraordinary circum-
stances or conditions applicable to the property or to
the intended use that do not apply generally to the
other property or class of use in the same vicinity
and zonei
2) That such variance is not necessary for the preservation
and enjoyment of a substantial property right possessed
by other property in the same vicinity and zone but
which is denied to the property in questioni
3) That the granting of such variance will be materially
detrimental to the public welfare and injurious to the
property or improvements in such vicinity and zone in
which the property is located.
4) That the granting of such variance will adversely
affect the comprehensive General Plan.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Plan-
Commission of the City of Carlsbad, California, held on the
23rd day of April , 19~, by the following vote, to wit:
AYES: Schick, Leeds, Larson, Friestedt, Rombotis
NOES: None
ABSENT: Marcus, Jose
ABSTAIN: None
CARLSBAD
ATTEST:
27 PC RESO. # 1628
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