HomeMy WebLinkAbout1983-11-01; City Council; 7533-1; Anderson reduce rear yard setback denial appeal1%
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CIT. OF CARLSBAD - AGEND, 3ILL
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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?%
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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.
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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:
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"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
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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:
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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
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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-
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