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HomeMy WebLinkAbout1982-04-20; City Council; 6929-1; Apelian denial appealCIT\ 3F CARLSBAD - AGENDA 31LL AB# 6 92 9-# 1 TITLE: V-331 - APELIAN - APPEAL OF A PLANNING COMMISSION DENIAL OF MTG. 4-20-82 1 A VARIANCE. DEPT. DEPT. HD. CITY AlTYBE CITY MOR.= RECOMMENDED ACTION: If the council concurs with the findings stated in Resolution No. variance V-331. 68Sa , your action is to adopt the resolution approving ITEM EXPLANATION: At the April 6, 1982 council meeting, the council directed the City Attorney to prepare documents granting the appeal and approving variance V-331. That document is attached. EXHIBITS: Resolution No. 6p&& . I 1 2 1 4 F € 7 E s 1c 11 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6852 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, GRANTING THE APPEAL FROM THE PLANNING COMMISSION’S DENIAL OF A VARIANCE TO ALLOW TANDEM PARKING ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF FARINA DRIVE AND APPROVING SAID VARIANCE. APPLICANT: APELIAN CASE NO: V-331 WHEREAS, a verified application for a variance for certain property, to wit: Lots 69 and 70 of Shelter Cove, of that tract described in Map 5162 recorded April 23, 1963 has been filed with the City of Carlsbad, and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Tlanning Commission did, on the 27th day of January, 1982, hold a duly noticed public hearing as prescribed by law to consider and request and at said public hearing the Planning Commission denied the request for variance; and WHEREAS, the applicant appealed the decision of the Planning Commission to the City Council; and WHEREAS, the City Council on April 16, 1982 held a duly noticed public hearing as prescribed by law to consider said appeal and at said hearing after consideration of all the evidence, testimony and argument of those persons present and desiring to be heard, the City Council determined to grant the appeal. 1 2 3 4 5 6 7 8 9 10 11 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad as follows: A. That the foregoing recitations are true and correct. B. That based on the evidence presented at the public hearing, the City Council grants applicants appeal and approves variance V-331, as shown on Exhibit A dated December 10, 1981 and on file with the Planning Department, based on the following findings and , subject to the following conditions: Findings: 1) There are exceptional or extraordinary circumstances applicable to the property that do not apply to other properties in the same vicinity and zone since the property: (a) Was originally two legally conforming substandard width lots with a portion of the proje.ct already built on one of the lots. The lots were consolidated at the suggestion of the city staff into one lot. If the lots had been left as two, tandem parking would have been permitted. (b) After the lots were consolidated and building permits issued, the Coastal Commission imposed a requirement for extra parking for the project. This additional requirement necessitated the use of tandem parking. . (c) Even though no other properties in the vicinity zone with widths over 50 feet have tandem parking, there are no other properties that were created in the same unique manner as this property and no other property had the same development permit sequence as this project. (d) This project will exceed the parking requirements for the zone and all the parking will be off street. 2) The granting of the requested variance could not have a detrimental effect on other property in the vicinity of the subject property since the project will have more parking than required by the zone. Conditions: 1) The project shall he developed substantially as shown on Exhibit A dated December 10, 1981 on file with the Planning Department. -2- 3 PASSED, APP.ROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 20th day of April, 1982, by the following vote to wit: AYES: Council Mpmbers Packard, Casler, hear, Ms NOES: None ABSENT: Council &.nber Kdchin ABSTAIN: None RONALD C. PACKARD, Mayor ATTEST: R. IIn:w;P-l?. ALETHA L. RAUTENKRANZ, CltyTYerF (SEAL) -3-