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HomeMy WebLinkAbout1982-08-03; City Council; 7084-1; Granting an Appeal of a Denial of a Variance Raymonda W 0: e a 4 z 0 8 .. 5 8 a =! 0 z 3 48# 7084-1 MTG. 8/3/82 DEPT. CIT I OF CARLSBAD - AGEND.. BILL GRANTING AN APPEAL OF A DENIAL OF A VARIANCE - V-336: RAYMOND IDEPT. HD. CITY AlNm CITY MGR. adt- RECOMMENDED ACTION: If the City Council wishes to grant the appeal of the denial of variance V-366, your action is to adopt Resolution No. G~GO . ITEM EXPLANATION : The City Council at your meeting of July 6, 1982, directed the City Attorney to prepare the necessary documents to grant the appeal of variance V-366, which was denied by the Planning Commission. The Council also directed that the document include conditions for approval including payment of a public facilities fee and the acquisition of a building permit. The attached document carries out those directives. If the Council concurs, your action is to adopt Resolution No. Lva. EXHIBIT : Resolution No. 6 fb 0 . I i 1 2 3 4 5 6 7 8 9 10 11 12 s H: Q 13 a$ 8 14 g$DZ z t= 15 u:. sa $$;: 16 17 E 6 18 19 20 21 22 23 24 25 26 27 28 0 0 gEzg 20 ln 5s i$ 0 RESOLUTION NO. . 6960 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 INCREASE THE HEIGHT OF A WALL IN THE FRONT YARD SETBACK FROM 42 INCHES TO 72 INCHES ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF LEVANTE STREET NEAR CALLE MADERA. APPLICANT: KENNETH N. RAYMOND CASE NO.: V-336 ~~ WHEREAS, a verified application for certain property, to wit: Lot 275, La Costa South Unit No. 4 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 Planning Commission did, on the 26th day of May, 1982, hold a duly noticed public hearing as prescribed by law to consider said 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 July 6, 1982 held a duly noticed public hearing as prescribed by law to consider said appea1,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. /// /// 3 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 RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the foregoing recitations are true and correct . 2. That based on the evidence presented at the public hearing, the City Council grants applicant's appeal and approves variance V-336, as shown on Exhibit "A" dated July 20, 1982 on file with the Planning Department, based on the following finding and subject to the following conditions: Findings: 1. There are exceptional or extraordinary circumstances applicable to the-property that do not apply generally to other property in the same vicinity and zone in that many of the other properties in this area have larger front yard areas which enable them to construct courtyards. Also, the applicant has a large slope in his rear yard which limits the buildable area. 2. The granting of this variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone since many other properties in the area have already constructed front courtyards. Without this variance the applicant would not be able to do the same. 3. The granting of this variance will not be detrimental to the public welfare since it will not block visibilty. affect the General Plan. 4. The granting of this variance will not adversely Conditions of Approval : 1. Approval is granted for V-336, as shown on Exhibi, "A" dated July 20, 1982, incorporated by reference and on file ir the Planning Department. 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, dated April 2, 1902, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment /// 2. 3 of said fee. A copy of that agreement dated April 12, 1982 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. 3. The applicant shall obtain a building permit prior to completing the construction of the wall. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the 3rd day of August , 1982 by the following vote, to wit: AYES: &unci1 kbnbers &kr, WS, Chick and Anear NOES: None ABSENT: Council Yder Kulchin 9fu%+ d@& MARY H .JCASLER, Mayor ATTEST : (SEAL)