HomeMy WebLinkAbout1982-01-05; City Council; 6816-1; Corso setback denial appeal-
CI1 OF CARLSBAD - AGEND.- BILL
4B# 6816-1
UlTG. 1-5-89
3EPT.L
TITLE: V-326, CORSO -- APPEAL OF PLANNING
COMMISSION DECISION TO DENY A SETBACK
VARIANCE.
DEPT. HD.
CITY ATTYW
CITY MGR.~~
RECOMMENDED ACTION:
If the City Council concurs, your action is to adopt Resolution
No. (075-9 granting Variance 326.
ITEM EXPLANATION:
The City Council at your meeting of December 15, 1981 directed
the City Attorney to prepare the necessary documents granting Variance 326 to reduce a front yard setback. A resolution in that regard has been prepared and is attached.
FISCAL IMPACT:
None
EXHIBIT:
Resolution No. lB7\<? .
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RESOLUTION NO ._ 6759
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-326) TO REDUCE A FRONT YARD SETBACK FROM 20' TO 8' ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF BASSWOOD BETWEEN EUREKA STREET AND ADAMS
STREET. APPLICANT: CORSO
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WHEREAS, the Planning Commission of the City of
Carlsbad did on October 14, 1982 hold a duly noticed public
hearing to consider the application of Joseph J. Corso for a
variance (V-326) to reduce a front yard setback on property
generally located on the north side of' Basswood between Eureka
Street and Adams Street, more particularly described as:
Parcel 2 of Parcel Map 9389 being of Lots 13 and 14 of
Patterson's Addition according to Map 565, filed - September 22, 1888;
and
WHEREAS, said variance has been categorically exempt
from environmental review pursuant to Section 19.04.070(6)(D)(i)
of the City of Carlsbad Environmental Protection Ordinance of
1980; and
WHEREAS, at the conclusion of said hearing the Planning
Commission, after making certain findings, denied the variance;
and
WHEREAS, the applicant filed an appeal with the City
Council of the determination of the Planning Commission seeking
relief from said denial; and
WHEREAS, the City Council, at their meeting of
December 15, 1981 , held a public hearing to conbider the appeal
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and to hear from all persons interested in or opposed to the
proposed variance; and
WHEREAS, the City Council, after considering all
relevant factors, makes the following findings:
1. The criteria for a variance are met in this case.
The share of the lot and the location of the existing house make the variance necessary in order to accommodate the proposed addition which will not adversely affect the neighbors.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of
the City of Carlsbad, California, as follows:
A. That the above recitations are true and correct.
B. That the variance is granted for the reasons set
out in this resolution.
C. That. the variance is granted subject to the
following conditions:
Exhibit “E”, dated September 17, 198 1, incorporated by reference
and on file in the Planning Department. Development shall occur
substantially as shown.
1. Approval is granted for V-326, as shown on
2. This project is approved upon the express
condition that the applicant shall pay a public facilities fee as required by City Council Policy No. 17, dat.ed August 28,
1979, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee; a copy of that agreement,
dated August 27, 1981, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised this application will not be consistent with the
General Plan and approval for this project shall be void.
PASSED, APPROVED AND ADOPTED at a regular meeting of
the Carlsbad City Council held on th-e 5th day of JanUary I
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ATTEST
1982,- by the following vote, to wit:
AYES:
NOES: None
Council Members Packard, Casler, Anear, Lewis and Kulchin
ABSENT: NUJIE!
RONALD C. PACKARD, Mayor
(SEAL)
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