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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 1- 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 *t.2 . , 1 2 3 4 5 6 7 8 9 10 11 12 n .19 .. 20 21 22 23 24 25 26 27 28 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. 2. 3 6 7 e 9 10 11 12 9 6 c 18 19 20 21 22 23 *. - 24 25 . 26 27 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 I. ..- /T-- .. To----- .. e I . I \ . \ '* .. - -. \ - ... a b .. \. .