HomeMy WebLinkAbout1984-04-03; City Council; 7663-2; Humphrey rear yard setback denial appeal granted- P7 - i .. CIT" OF CARLSBAD - AGEND. BILL
AB# 7663-2
MTG. 4/3/84
DEPT. CA
TITLE: G-RANTING AN APPEAL OF PLANNING COBMISSION DECISION AND APPROVING
A VARIANCE
AV 83-4 - HUMPHREY
IDEPT. HD. 1 CITY Am.\=
IClTY MOR.
RECOMMENDED ACTION:
If the City Council concurs your action is to adopt Resolution
No. 755L , approving variance AV 83-4.
ITEM EXPLANATION
The City Council, at your meeting of March 20, 1984, directed the City Attorney to prepare documents granting the appeal and approving AV 83-4. We have prepared a suggested set of findings
and conditions.
The City Council should satisfy itself that the findinqs
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 approving A17 83-4.
EXHIBIT
Resolution No. 73jkiA
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RESOLUTION NO. 7556
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
REDUCE THE REAR YARD SETBACK FROM 15 FEET TO 12
FEET AT 3295 WESTWOOD DRIVE AND APPROVING SAID
VARIANCE.
APPLICANT: HUMPHREY
CASE NO.: AV 83-4
WHEREAS, a verified application for a variance for
certain property to wit:
Lot 27(b) of Falcon Hill Unit No. 3 in the City of Carlsbad, California
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 8th day of
February 1984 hold a duly noticed public hearing as proscribed
by law to consider said request; and
WHEREAS, the Planning Commission did on said day after
said public hearing deny the request for a variance; and
WHEREAS, the applicant appealed the decision of the
Planning Commission to the City Council; and
WHEREAS, on March 20, 1984 the 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
consideration of all of the evidence, testimony, argument of
those persons present and desiring to be heard the City Council
determined to grant the appeal.
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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 presented at the public
hearing the City Council grants the applicant's appeal and
approves Variance AV 83-4 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) Most of the other lots are 115 to 120 feet deep while thc
b) The placement of the garage reduces the useable back
property is only 105 feet deep.
yard area.
2. Granting this variance will not be detrimental to other property in the vicinity because the properties to the rear are down slope 15 to 25 feet and will not be affected by the proposed room addition .
CONDITIONS
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. Approval is granted for Variance AV 83-4 as shown on Exhibit!
A", "B", and "C", dated February 8, 1984 incorporated by eference and on file in the Land Use Planning Office.
2. All other sections of the Zoning Ordinance and all other applicable City ordinances shall be complied with in their entirety. ... ... ... ...
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, held on the
3rd day of , 1984, by the following vote, to wit:
AYES: Council Wers Casler, Lewis, Kulchin, Chick and Presmtt
NOES: J&)ne
ABSENT: None
L,J&e- MARY H. AASLER, Mayor
ATTEST :
ALETHA L. RAUTENKRANZ, Cit$ Clerk
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1200 ELM AVENUE
CARLSBAO, CALIFORNIA 92008
TELEPHONE:
(714) 438-5821
April 9, 1984
Michael Humphrey
3295 Wes Wood
Carlsbad, CA 92008
Enclosed for your records, please find a copy of the
following Resolution NO. 7556 -- , adopted by the
Carlsbad City Council on April 3, 1984
Sincerely ,
LEE RAUTENKRANZ, v City Clerk
LR: adm
Enclosures ( 1 )