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HomeMy WebLinkAbout1983-11-01; City Council; 7533-1; Anderson reduce rear yard setback denial appeal1% .... - CIT. OF CARLSBAD - AGEND, 3ILL 1 DEPT. HD. CITY AllYm TITLE: DENIAL OF APPEAL AND UPHOLDING l~# 7533-1 PLANNING COMMISSION DECISION TO DENY VARIANCE V-348 - ANDERSON HTG. 11/1/83 CITY MOR.& IEPT. RECOMMENDED ACTION: If the City Council wishes to deny the appeal and affirm the Planning Commission decision to deny variance V-348, your action is to adopt Resolution No. 7'39a . ITEM EXPLANATION The City Council, at your meeting of October 18, 1983, directed the City Attorney to prepare documents denying the appeal and upholding the Planning Commission decision to deny variance V- 348 for the reasons stated in Planning Commission Resolution No. 2172. That document is attached. EXHIBITS Resolution No. 73?% * I 4 I t c t I 1( 11 12 1: 14 1: 1E 11 II! 19 20 21 22 23 24 25 26 27 20 RESOLUTION NO. 7392 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING THE APPEAL -- DENYING VARIANCE - ANDERSON V-348 TO REDUCE THE REAR YARD SETBACK ON PROPERTY GENERALLY LOCATED AT 1264 BASSWOOD AVENUE BETWEEN PINE STREET AND ADAMS STREET. APPLICANT: ANDERSON CASE NO.: V-348 FROM A,PLANNING COMMISSION DECISION AND WHEREAS, on September 14, 1983 the Planning Commission adopted Resolution No. 2172 recommending to the City Council that Variance - Anderson (V-348) be denied; and WHEREAS, the applicant appealed Planning Commission Resolution No. 2172 and said appeal was received by the City Clerk on September 23, 1983; and WHEREAS, the City Council of the City of Carlsbad did on October 18, 1983 hold a duly noticed public hearing to consider the recommendations of the Planning Commission and to receive all recommendations and hear all persons interested in or opposed to said variance; and 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 findings of the Planning Commission in Resolution No. 2172 constitute the findings of the City Council in this matter. C. That Variance - Anderson (V-348) is hereby denied based upon the facts set out in the Planning Department Staff Report dated September 14, 1983 and Planning Commission Resolution No. 2172 attached as Exhibit A and incorporated herein. a 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D. This action of denial is final the date this resolution is adopted by the City Council. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: .- "NOTICE TO APPLICANT" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Elm Avenue, Carlsbad, California 92008." PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 1st day of November , 1983, by the following vote, to wit: AYES: NOES: Council -is Council Mmbers Casler, Kulchh and Chick ABSENT: Council Winker -t f- d. ELL MARY H. $ASLER, Mayor ATTEST: A 3 1 2 3 4 5 6 7 ’8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 2172 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING A VARIANCE TO REDUCE THE REQUIRED REAR YARD SETBACK FROM 14’ TO 7’ FOR A HABITABLE ACCESSORY STRUCTURE AT 1264 BASSWOOD AVENUE, ON .24 ACRES OF PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF BASSWOC AVENUE BETWEEN ADAMS STREET AND PINE AVENUE. APPLICANT: ANDERSON CASE NO: V-348 .WHEREAS, a verified application for certain property, to wit: Parcel 1 of Parcel Map No. 9641, filed in the office of the County Recorder on January 29, 1980 af File No. 80- 033063 of Official Records, 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 14th day of September, 1983, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Variance ; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission 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, thc Commission DENIES ‘5-348, based on the following findings: //// //// 4 1 2 ‘3 4 6 7 a 12 14 15 ie 21 22 24 2€ 2€ F ind ing s : That there are no exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and zone, as discussed in the Staff Report. That such variance is not necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but denied to the property in question, as discussed in the Staff Report. The Land Use Planning Manager has determined that this project is exempt from Environmental Review per Section 19.04.070(5C) of the City of Carlsbad Environmental Ordinance 8 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 14th day of September , 1983, by the following vote, to wit: AYES : NOES : ABSENT: ABSTAIN : ATTEST: CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION MICHAEL J . HOLZMILLER LAND USE PLANNING MANAGER PC RES0 NO. 2172 -2- 5 ... . . ELM AV 7- AV .. I HOLIDAY PARK T UI~ - BASSWOOD AV . SUBJECT PROPERTY . .. I