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Home My WebLink About1986-04-15; City Council; 8558-1; Approval of Appeal of Planning Commission Denial of Variance AV 85-08 Beilbeyt,} t CITY- OF CARLSBAD -- AGEND'"BILL 16� AB# 8558- 1 TLE: APPROVAL OF APPEAL OF PLANNING DEPT. HD--- MTG.4/15/86 COMMISSION DENIAL OF A VARIANCE CITY AT DEPT. CA AV 85-0 - BEILBEY CITY MGR. RECOMMENDED ACTION: If Council concurs your action is to approve Resolution No. approving the appeal and denying the Planning Commission decision to deny AV 85-8. ITEM EXPLANATION The City Council at your meeting of March 25, 1986 directed the City Attorney to prepare documents approving the appeal and denying the Planning Commission's decision to deny AV 85-8. The findings are as follows: 1. There are 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 in that the subject condominium plan, approved by the City of Carlsbad, is the only one in the area with a planned patio area in the 20 foot front yard set back area rather than in the side or rear yard areas as is usual and customary in residential buildings. 2. The requested variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same viciity and zone but which would be denied to the property in question without a variance because a number of other homes in the area, and specifically other condominiums in the same condominium development, have six foot fences around their patio areas providing privacy and sacurity. 3. The granting of the variance will not be materially detrimental to the public welfare in that there are many other 6 foot fences in the general area well within the 20 foot front yard set back area; the subject fence is attractive and presents no safety hazard. C O4. The granting of the variance will not adversely affect the General Plan. a n- The City Council should satisfy itself that the findings accurately Q reflect your intentions in the matter, that they state facts found by you to be true, and that they adequately explain your reasons Z for approving the appeal and denying the Planning Commission O decision to deny AV 85-8. v Q EXHIBIT V Vr OResolutior� Wo. JS"-a� , approving the appeal. U 1 2 3 4 5 6 7 8 9 10 11 121 0 a m l3 '0, 7 I g0w 14 Z0Wg cc J 15 lL • � V Wzo� 16 17 18 ill i 20I 21 22 23 24 25 26 27 28 RESOLUTION NO. 8505 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA GRANTING THE APPEAL FROM THE PLANNING COMMISSION'S DENIAL AND APPROVING A VARIANCE TO ENCROACH ELEVEN FEET INTO THE TWENTY FOOT FRONT YARD SETBACK ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF JUNIPER STREET BETWEEN GARFIELD STREET AND THE AT&SF RAILROAD. APPLICANT: BEILBEY CASE NO.: AV 85-8 WHEREAS, a verified application for a variance for certain property to wit: An undivided 1116 interest in Lot 1 of CT 73-30 of Map 7961 filed June 12, 1974, 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 MunicipalCode; and WHEREAS, the Planning Commission at their meeting of January 22, 1986 held a duly noticed public hearing as required by law to consider said request; and WHEREAS, the Planning Commission did on said day of sa public hearing deny the request for an administrative variance; a nd WHEREAS, the applicant appealed the decision of the Planning Cummission to the City Council; and WHEREAS, on March 25, 1986 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, and argument of those persons present and desiring to be heard the City Council determined to grant the appeal and approve the administratrive variance AV 85-8; and 3 9 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT RESOLVED by the City Council of the Ci`.y of Carl.sbas as follows: 1. That the above recitations are true and correct. 2. That based on the evidence presented at the public hearing the City Council grants the applicant's appeal and approves Administrative Variance 85-6 as shown on Exhibit A, attached hereto and made a part hereof, based on the following findings: FINDINGS 1. There are 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 in that the subject condominium plan, approved by the City of Carlsbad, is the only one in the area with a planned patio area in the 20 foot front yard set back area rather than in the side or rear yard areas as is usual and customary in residential buildings. 2. The requested variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which would be denied to the property in question without a variance because a number of other homes in the area, and specifically other condominiums in the same condominium development, have six foot fences around their patio areas providing privacy and security. 3. The granting of the variance will not be materially determintal to the public welfare in that there are many other 6 foot fences ir, the general area well within the 20 foot front yard set back area; the subject fence is attractive and presents no safety hazard. 4. The granting of the variance will not adversely affect the General Plan. 5. The fence has been in place for approximately eight years without causing any problem. The appellant has come to rely on its presence for adequate enjoyment of the home. It would be unfair for the City to force its removal now after so long a time. 2. l 2 PASSED, APPROVED AND ADOPTED at a regular meeting of the 3 Carlsbad City Council held on the 15th day of A986 4 by the following vote, to wit: 5 AYES: Council Members Casler, Lewis, and Chick 6 NOES: None 7 ABSENT: Council Members Kulchin and Pettine 8 ' MARY H., CASL R, Mayor 10 ATTEST: 11 c 12 4 WH �.R �AZ�,C �ye rk y 13 u.' 8ow� 14 U LL m 15 � ., 4: '}wv W Z t 16 2 O '< 17 18 19 20 21 22 23 24 25 26 27 28 3. f 18so VerJvgo Kr ol(s Or. Glendale CA". 71260 2.13 - 71e " 394 R-3 zone R lit Gene Plan l A.C. t EXHIBIT A t0- t�YSa.rY MAP Mr. • -ate. o Subject Property lu � o F nc.� House rtanCe. H pPli caficn M 0 w Scale Ift LL A.0 Pave w+tnf Vit�at C0„J6 sr � 3 Go' L !so 4 X 1 �� +� �Nouse i 4 Noose House » b ,,,� s I. _� ► 20' s 1 M t is' 20 �.yS , C11 122.40 Al. Pavement UN PE R t� 1 STREET co d !ze .f'b ro so 2- !� lip 2�' �-� •so A A p ts• + 0 Nedss p Hayss Nouse overhal i h oA APfr. � RIM YARIANCE. ^PP PrqFAa• I+ohre 1«Y k.de1+ RCE 10193 2733 Mot a Or. , Oceans,& ,calif, 9tarl, 7t7-3112 I 1200 ELM AVENUE CARLSBAD, CA 920MIM afftae of t" City CIW* TO: r '�f TELEPHONE (819) 438.5535 Up of QCarUbab Hobbi Roder, Planning Dept. FROM: Deptuy City Clerk DATE: February 11, 1986 RZ: APPEAL — Administrative Variance No. 858 — Seilby The above item has been appealed to the City Council. Please determine when the item, will go to Council and complete the form below and return It to the City Clerk's Office. According to the Municipal Code, appeals must be heard by -.he City Council within 30 days of the date that the appeal was filed. Please consider this when setting the data for the hearing. Thank you. The, appeal of the above matter should /Gbe scheduled for the City Council Meeting of Midi f Signature Date *** Please note their request for a date after March 18, 1986.