HomeMy WebLinkAbout1990-02-13; City Council; 10488; GRANTING OF ADMINISTRATIVE APPEAL AND APPROVAL OF AN ABOVE GROUND ENCROACHMENT FOR A WALL AT 2246 JANIS WAY| PR 4.250 g cp:
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CITY, MTG. 2-13-90
DEPT.ENG. CITY
RECOMMENDED ACTION:
GRANTING OF ADMINISTRATrVE APPEAL, AND
APPROVAL OF AN ABOVE GROUND ENCROACHMENT
FOR A WALL AT 2246 JANIS WAY PR 4.25
Adopt Resolution No. 78 -24
decorative block wall within the front yard setback.
I -30, Adopt Resolution No. 70 &
six (6) foot decorative block wall within a portion of City right-of-way.
granting an administrative appeal for a six (
approving the Above Ground Encroachmei
ITEM EXPLANATION
At their meeting on December 5, 1989, City Council considered the appe
Planning Commission decision to uphold the Planning Director's decision den
administrative variance to maintain a six foot high wall in the required fro
setback. City Council granted the appeal and requested that staff bring b,
required resolution to grant the appeal and to approve a minor encroachmen
wall into the public right-of-way.
The appellant Mr. and. Mrs. Redding have signed the standard encroachment agr
and presented it for Council approval.
FISCAL IMPACX:
NONE
EXHIBITS:
1. Location Map.
2.
3.
Letter requesting Encroachment Permit dated November 20, 1989.
Resolution No. 98 -a%
decorative block wall within the front yard setback.
granting an administrative appeal for a six I
4. Resolution No. qfi -30 approving the Above Ground Encroachme
six (6) foot decorative block wall within a portion of City right-of-way
Encroachment Agreement and Plat Maps. 5.
I
UA HEDIONDA LAGOO
BBVEGRBUND ENCRQACHMENT
I m =&Ad&@; &. -/
Ld>d+ 'd& 7200-47 7aL. 2, /7ys
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- RESOLUTION NO. 90 39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD CALIFORNIA APPROVING THE ABOVE GROUND
ENCROACHMENT FOR 2246 JANIS WAY.
WHEREAS, Mr. and Mrs. Redding have submitted a request to allow a1
above ground decorative pilaster and block wall ranging from 5.5 feet to 6.7 j
and a 1.5 foot high planter wall within the right of way along the south sidl
property at 2246 Jank Way; and
WHEREAS, the City Engineer has determined that the encroachment v
interfere with the City's ability to use the right of way,
NOW, THEREFORE, be it resolved by the City Council of the City of
California, as follows:
1.
2.
That the above recitations and true and correct.
That the Request for Encroachment Perndt for Mr. and Mrs. R
maintain the decorative fence and planter in the right of way along the sou
their property at 2246 Jank Way is approved subject 1:o the conditions of the
encroachment agreement.
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3.
the City Council
The Mayor is authorized to sign the encroachment agreement on
PASSED, APPROVED AND ADOPTED at a regular meeting of the Car
Council held on the 13th day of February, 1990 by the following vote, to T
AYES: Council Members Lewis, Kulchin, Pettine, and Larso
NOES: None
ABSENT: None
ABSTAIN: Counci /
@ iyor
ATTEST:
*R-
ALETHA L. RAUTEMKRANZ, Cidy Clerk
(SEAL)
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RESOLUTION NO. 90-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE APPEAL OF A PLANNING COMMISSION DECISION UPHOLDING A PLANNING DIRECTOR DECISION DENYING AN ADMINISTRATIVE VARIANCE TO MAINTAIN A SIX FOOT HIGH WALL IN THE REQUIRED TWENTY FOOT FRONT YARD SETBACK IN AN R-1 ZONE, ON PROPERTY LOCATED AT 2246 JANIS WAY.
WHEREAS, an appeal for certain property to wit:
Lot 26 of Carlsbad Tract No. 81-19 Unit No. 2, Mar Y
Montanas in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 11594 filed in the office of the County Recorder of San Diego County August 20, 1986.
has been filed with the City of Carlsbad and referred to the City Cour
WHEREAS, said appeal constitutes a request as provided by
of the Carlsbad Municipal Code; and
WHEREAS, the City Council of the City of Carlsbad did, on
day of December, 1989, hold a duly noticed public hearing as prescribt
to consider said request; and
WHEREAS, at said public hearing, upon hearing and conside
testimony and arguments, examining and analyzing information submitted
and considering any written comments received, the City Council consic
factors relating to the appeal of Administrative Variance 89-7.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Counci
City of Carlsbad, California as follows:
A) That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing,
Council approves the appeal of AV 89-7 and rescinds Commission Resolution No. 2932 and the Planning D Administrative Variance denial letter dated August 16, 19 on the following findings and conditions:
B)
Findinqs:
There are exceptional or extraordinary circumstances or c applicable to the property or to the intended use that do 1.
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generally to other property or class of use in the same v
In relationship to all property located along Janis W property is impacted the most by the front yard view of th Reservoir site.
2. Denial of the requested variance will deprive the own1 substantial property right possessed by other property in vicinity and zone because the reservoir site is directly
from their front yard and a living room window.
The granting of this variance will not be materially detrirr the public welfare or injurious to the property or improve the vicinity and zone in which the property is located. The wall represents an insignificant encroachment into the pub1 i of-way along Janis Way. The wall does not represent a poter significant safety hazard with respect to driveway sight
because the property is located near the end of a cul-de-sa that carries light vehicular and pedestrian traffic. The foot wide driveway is adequate to provide safe backing vi and the wall contains many open cut out sections that
visibility along the public right-of-way when backing vehi of the driveway.
4. The granting of this variance will not adversely afl
comprehensive General Plan because accessory structures walls are compatible with residential uses in the R-1 Zone
3.
Conditions:
1. Administrative Variance 89-7 is approved upon the express ( that the City Council approve an Encroachment Permit for thc
wall.
CC RES0 NO. 90-30 -2-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of
Council of the City of Carlsbad, California, held on the 1:
of February , 19 90 , by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, and Larsoi
NOES: None
ABSENT: None
ABSTAIN: Council Member M
ATTEST:
ALETHA L. RAUTENKRANZ, City Clebk h 4, k?A
i
CC RES0 NO. 90-30 -3-
0 m
RECORDING REQUESTED BY 1
1 City Engineer 1
City of Carlsbad 1
2075 Las Palmas Drive 1
Carlsbad, CA 92008 )
AND WHEN RECORDED MAIL TO: )
ENCROACHMENT AGREEMENT
FOR USE WITH STRUCTURES BUILT OVER PUBLIC RIGHT OF WAY
In accordance with the provisions of Section 11.04.090 of the Carlsbad
Municipal Code, the undersigned, the owner of 2246 Janis Way,in the City of
Carlsbad, County of San Diego, State of California, in consideration of the grant
of permission by the City of Carlsbad to install and maintain an encroachment structure as described and shown on the plat attached:
for the use and benefit of owner‘s property, over, and across public right 01
way in Janis Way covenants and agrees with the City of Carlsbad, as follows:
The above described structure shall be installed and maintained ir a safe condition at the sole cost, risk and responsibility of Owner and successoi
in interest, who shall hold the City harmless with respect to City ownec
facilities.
2) Whatever rights and obligations were acquired by the City wit!
respect to the public right of way shall remain and continue in full force anc
effect and shall in no way be affected by the City’s grant of permission tc
construct and maintain the encroachment structure.
This agreement is made for the direct benefit of Owner’s land abovt described and the covenants and conditions herein contained shall run with sail
land shall be binding on the assigns and successors of Owner. Owner agrees to remove structure upon order from the City.
(Assessor’s Parcel No. 156-540-46 1
1)
3)
4)
ATTEST: BY $7A /,T‘;. ,-,dy/#/ d ,>’.-
JIORRIS G. REDDIN dj
Aletha L. Rautenkranz, City Clerk
APPROVED AS TO FORM:
CITY OF CARLSBAD
BY Vincent F. Biondo, Jr. Claude A. Lewis, Mayor
City Attorney
0 e
- - --_ ._____ ___ - - -
I e STATE OF CALIFORNIA iss
COUNTY OF- San Diego i
s said State, personally appeared MORR IS-_.G. REDD I NG- and ______
C VIRGINIA J. REDDING
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0 ;I On January 25, 1990 -,before me, the undersigned, a Notary Public in and for
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- he/she/lhey executed the same z
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personally known to me (or proved to me on the basis of satis-
factoryevidence) to be the person(s) whose name(?.) is/are sub-
scribed to the within instrument and acknowledged to me that
LL
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(This area for official notarial seal) i Pamela R. Clayd
BLOCK WALL BLOCK WALL
.. ,. *.... ._ ..
SEE DETAIL EXHl JANIS WAY
-1-1. - BLOCK WALL .. .. .' . ' .. ... . '.' . . - SIDE WALK
ABOVEGROUNDENCROACHMENT
BLOCK WALL
-
I ' m11 -. BLOCK WALL
SIDEWALK ** .I . -, .. ' : - . *. * .. * *',' . ,
ABOVEGROUND ENCROACHMENT
February 21, 1990
Mr. and Mrs. Redding
2246 Janis Way
Carlsbad, CA 92008
Enclosed for your records, please find a copy of the
following Resolutions 90-29 and 90-30 , adopted
by the Carlsbad City Council on February 13, 1990
L$i& EE RAUTENKRANZ gaT
City Clerk
LR: lw
Enclosure ( ?I
1200 Carlsbad Village Drive - Carlsbad, California 92008 - (619) 434-28(
*
February 21, 1990
Mr. Dale Dubacki
2236 Janis Way
Carlsbad, CA 92008
Enclosed for your records, please find a copy of the
following Resolutions 90-29 and 90-30 , adopted
by the Carlsbad City Council on February 13, 1990
L$!?& EE RAUTENKRANZ QmT
City Clerk
LR: lw
Enclosure (2 )
..
1200 Carlsbad Village Drive - Carlsbad, California 92008 (619) 4344