HomeMy WebLinkAbout1983-07-05; City Council; 7411-1; Burmeister denial appeal granted\B# 7411-1 TITLE GRANTING AN APPEAL FROM THE PLANNING
7/5/83 COMIlISSION DENIAL OF A VFTIANCE VITG.
IEPT. CA V-347/BUIIE'?EISTER
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RECOMMENDED ACTION:
DEPT. HD.
CITY Amye
CITY MG~ZE?
If Council wishes to grant the anpeal and approve Variance 347
your action is to adopt Resolution No. 7274 .
ITEM EXPLANAT ION
The City Council, at your meeting of June 21, 1983, directed the
City Attorney to prepare documents granting the appeal and
approving V-347. We have prepared a suqgested set of findings and conditions.
The City Council should satisfy itself that the findings accurately reflect your intentions in the matter, that they state facts found by you to be true, and that they adequately explain your reasons for granting the appeal and aFproving
v-347.
EXHIBIT
Resolution No. 7d76 .
RESOLUTION NO. , 7276
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 TWO TANDEM PARKING SPACES, ONE COMPACT
CAR SPACE, A PARKING ENCROACHMENT INTO THE FRONT
YARD SET BACK AND A PARKING ENCROACHMENT INTO
THE SIDE YARD'SET BACK ON PROPERTY LOCATED AT '
4555 COVE DRIVE AND APPROVING SAID VARIANCE.
APPLICANT: BURMEISTER
CASE NO.: v-347.
WHEREAS, a verified application for a variance,for
certain to wit:
Lot 35 of Map No. 5162 in the City of Carlsbad,
California according to map thereof in San Diego
County on 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 Planning Commission did on.the 11th day of
May, 1983 and on the 25th day of May, 1983 hold duly noticed
public hearings as proscribed by law to consider said request;
and
WHEREAS, the Planning Commission did on May 25, 1983
after said public hearings denied the request for a variance;
and .',
WHEREAS, the applicant appealed the decision of the
-0
Planning Commission to the City Council ; .and
WHEREAS, on June 21, 1983 $he City Council of the City
of Carlsbad held a duly noticed public hearing as proscribed by
law to consider said appeal and at said hearing after
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consideration of all the evidence, testimony, argument of those
persons present and desiring to be heard the City Council
determined to grant the appeal.
NOW, THEREFORE, BE IT 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 prese'nted at the public
hearing the City Council'grants the applicant's appeal and
approves Variance V-347 as shown on Exhibit A, attached hereto
and made a part hereof, 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 property in the same vicinity and zone because:
a) The existinq structure .was constructed on the property
b) No other property in the vicinity or zone is similarly
Development of'the property without the variance would
prior to the adoption of the present parking regulations.
situated to the subject property.
c) require demolition,of the existing structure, while granting the variance will allow development with relatively minor renovation.
2. Granting this variance will not be detrimental to other property in the. vicinity because:
a) More off street parking than can be accommodated by the existing parking configuration will be provided.
b)
CONDITIONS:
All parking will be accommodated on private property.
1. Exh
zon
Except 'for the variances as indicated on the attached
ibit A, the applicant shall comply with all sections of the ing ordinance and all other applicable City ordinances.
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2. shall be filed with the City and processed according to the provisions of the Municipal Code.
3. An automatic sprinkler system shall be installed throughout the building to the satisfaction of the City Fire Marshall prior to occupancy of any of the units.
An application for a condominium permit and subdivision map
PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, held on
the 5th , day of July , 1983, by the following
vote, to wit: 1
AYES : Council Mepnbers Casler, IRwis, Kulchin, Chick and Prescott
NOES : None
ABSENT: None a.
MARY H. gASLER, Mayor
ATTEST :
ALETHA L. RA
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