HomeMy WebLinkAbout1980-06-03; City Council; 6250-1; Coast Waste Management Case No. V-304CITY OF CARLSBAD
AGENDA BILL N0.6250-Supplement 1
DATE: ___________ J~u~n;e~3~,~1~9~8~0~-------------------
DEPARTMENT ______ C_i_t~y~A_t_t_o __ r_n~e~y __________________ _
Subject: COAST WASTE MANAGEMENT
CASE NO: V-304
Statement of the Matter
Initial:
Dept.Hd. __ _
C.. A tty .'\)f==~
C. Mgr. ~
The City Council, at your meeting of May 20, 1980, directed
the City Attorney to prepare the necessary documents granting
the appeal and approving Variance 304. A resolution in that
regard is attached.
Exhibit
Resolution No.
Recommendation
If the City Council concurs, your action is to adopt
Resolution No. {,.)o .2... •
This resolution grants a 10 foot rear yard variance and allows
a building on the property line.
Council Action:
6-3-80 Council adopted Resolution 6202, granting an appeal of a Planning Commission
decision, and approving a variance (V-304) to reduce the required rear
yard setback from 10 feet to 0 feet on property generally located on the
east side of Ponto Drive, south of Palomar Airport Road.
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RESOLUTION NO. 6202
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGS,
GRANTING AN APPEAL OF A PLANNING COMMISSION
DECISION, AND APPROVING A VARIANCE (V~304)
TO REDUCE THE REQUIRED REAR YARD SETBACK
FROM 10 FEET TO 0 FEET ON PROPERTY GENERALLY
LOCATED ON THE EAST SIDE OF PONTO DRIVE,
SOUTH OF PALOMAR AIRPORT ROAD. APPLICANT:
COAST WASTE MANAGEMENT.
WHEREAS, the Planning Commission of the City of Carlsbad
did on April 23, 1980 hold a duly noticed public hearing to
consider the application of Coast Waste Management for a
variance (V-304) to reduce the required rear yard setback from
10 feet to 0 feet on property generally located on the east
side of Ponto Drive, South of Palomar Airport Road, more
particularly described as:
and
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 Meridian,
in the County of San Diego, State of California, map
filed November 4, 1948;
WHEREAS, said variance has been declared to be categorically
exempt from the provisions of the City of Carlsbad Environmental
Protection Ordinance of 1972 (Section 19.04.090(c) (4i));
WHEREAS, at the conclusion of said hearings, the Planning
Commission, after making certain findings, denied the variance;
and
vmEREAS, the applicant filed an appeal with the City Council
of the determination of the Planning Commission seeking relief
from said denial; and
WHEREAS, a duly noticed public hearing was held by the
City Council on May 20, 1980 to consider the appeal of said denial
1 at which time all persons interested in or opposed to the
2 proposed variance were heard and the decision of the Planning
3 Commission considered; and
4 WHEREAS, the City Council, after considering all relevant
5 factors, makes the following findings:
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1. That there are other property owners in the immediate
vicinity who have been allowed to build to the property line.
2. That the variance will not adversely affect the people
in the area since the objections voiced at the Planning Commission
hearing on the matter have been withdrawn.
3. That the variance will not adversely affect the zone
or the general plan since the use for which the variance has
been granted is a temporary one which must be removed prior
to March 12, 1985. Removal of the trash operation will then
coincide with the termination of the CUP for the junk yards and
facilitate development of the area in accordance with the
established general plan, zoning and land use designations.
4. That denial of the variance will cause undue hardship
since the building is already partially constructed and the cost
of compliance with the rear yard setback will exceed the benefits
from enforcement.
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 appeal of the Planning Commission decision
denying a variance contained in Resolution No. 1628 is hereby
granted.
3. That the City Council approves the variance (V-304) to
20 reduce the required rear yard setback from 10 feet to 0 feet for
the building which is already partially constructed on the site.
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4. That this variance is approved on the express condition
22 that the applicant shall fully comply with all conditions of
CUP-171, as approved by Planning Commission Resolution No. 1600,
23 on file with the Planning Department and incorporated by
reference herein.
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5. That this variance is approved on the express
25 representations by the applicant that the nonconforming refuse
and waste disposal business operating on the site will be
26 completely removed prior to March 12, 1985. Acceptance by the
applicant of this variance will constitute his agreement to be
2? bound by the terms of CUP 171, as adopted by Resolution No. 1600,
and the terms of this resolution.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad on the 3rd day of
June , 1980 by the following vote, to wit:
AYES: Councilmen Packard, Anear, Lewis, Councilwomen Casler and
NOES: None
ABSENT: None
ATTEST:
(SEAL}
Kulchin
3.