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Home My WebLink About1991-06-04; City Council; 11172; DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DENIAL OF AN ADMINISTRATIVE VARIANCE AV 90-5: FLAMINGrl (d a, a a (d Ql 5 M G C -4 a, a 4 u3 ri I 4 cn g C 0 -4 u 3 -I 0 m 2 a a, u a 0 a cd rl -4 L) 5 0 V 4 0-3 1 it 1 a .. z 0 - b a 2 0 2 3 0 0 Gw OF CARLSBAD - AGE- BILL '- - t AB# ii l 19 '$J TITLE: DENYING THE APPEAL AND UPHOLDING THE DEPT. CITY P PLANNING COMMISSION'S DENIAL OF AN ADMINISTRATIVE VARIANCE AV 90-5: FLAMING CITY b MTG. b-Y-4/ DEPT. CA RECOMMENDED ACTION: If the City Council wishes to deny the appeal and upho: Planning Commission's denial of AV 90-5 your action is to Resolution No. ? 1- /(r! . ITEM EXPLANATION The City Council at your meeting of May 14, 1991 directed th Attorney to pepare the document denying administrative varia 90-5. The Council should satisfy itself that the findin( conditions accurately reflect your intentions in the matte the Council concurs your action is to adopt Resolution No.' EXHIBIT Resolution No. "1 - / !r I I FLAMING RESIDENCE AV 90-05 'I P. * 1 2 3 4 5 6 7 8 9 10 11 12 sug 22: 13 lrlrcb 6u$g 14 0055 ~u>O 0LL 15 0 530s 85dE zfd6 WV)O 16 2053 u'a~ ,->ma 'g8y c25 17 iso 18 19 20 21 22 23 24 25 26 27 28 w 0 RESOLUTION NO. 91-161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA DENYING APPELLANT'S APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DENIAL OF AN ADMINISTRATIVE VARIANCE ON PROPERTY GENERALLY LOCATED AT 2815 WILSON STREET BETWEEN BUENA VISTA WAY AND FORREST AVENUE IN THE R-1-7500 ZONE. APPLICANT : RODGER FLAMING CASE NO. : AV 90-5 WHEREAS, a verified application for an administ: variance for certain property to wit: Parcel 1 of parcel map #2624, filed May 7, 1974 in the office of the County Recorder of San Diego County has been filed with thd City of Carlsbad and referred t Planning Commission; and WHEREAS, the Planning Commission did on February 20 hold a duly noticed public hearing as prescribed by law to Coj said application for Administrative Variance AV 90-5; and WHEREAS, the Planning Commission did on February 2C after hearing and considering all the evidence and testimony people desiring to be heard adopted Resolution No. 3088 d the appeal and affirmed the decision of the Planning Di denying the appeal; and WHEREAS, the appellant appealed the decision ( Planning Commission to the City Council; and WHEREAS, on May 14, 1991the City Council of the C Carlsbad held a duly notice public hearing as prescribed by consider said appeal and at said hearing after consideration the evidence, testimony, argument of those persons prese desiring to be heard the City Council denied the appei directed the City Attorney to prepare documents which woul the appeal and uphold the Planning Commission's decision, 1 1 2 3 4 5 6 7 8 9 10 11 12 0 am mug Yg; 13 5508 -0 WE OILS aouu Z>jf OF~g msou 15 u8ai >mu gumno $E&o- 16 205% >5s~ 17 tclq 18 19 20 21 22 14 bo 0 23 24 25 26 27 28 - 0 NOW, THEREFORE, BE IT RESOLVED by the City Council c City of Carlsbad, California, as follows: 1. That the above recitations are true and correc 2. That the findings and conditions of Pla Commission in Resolutions No. 3088, attached as Exhibit A and a part hereof, constitute the findings and decision of the Council. 3. That the Planning Commissionls denial of AV 9C hereby confirmed and the appeal of that decision is- denied upon the facts set out in the Planning Department Staff F dated February 20, 1991, the evidence before the P~E Commission, the evidence as set forth in City Council Agendz No. 11,144, and the testimony before the City Council all of are incorporated herein by reference. 4. This action of denial is final the date resolution is adopted by the City Council. The provisi Chapter 1.16 of the Carlsbad Municipal Code, "Time Limit Judicial Review" shall apply: "NOTICE TO APPLICANT" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision become final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the 2 8 1 2 3 4 5 6 7 8 9 10 11 12 OUJ 13 132 =or& %an8 14 Z>iZ QI-55 mGo~ 15 u 'ai >ma gumo 8226 16 zo$;4, +? c22 17 Go 18 19 20 21 22 23 24 25 26 27 28 ' Sulz o;g% 0 0 4 4 W e 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 c City Council of the City of Carlsbad on the 4th day of - 1991 by the following vote, to wit: AYES : Council Members Lewis9 Kulchin, Larson, and Nygaa NOES : None ABSENT: Council Me ATTEST: - AW.4AkAidlerk 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 l7 18 19 W 0 PJ..A"JNG COMMISSION RESOLUTION NO. 3088 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, UPHOLDING THE PLANNING DIRECTOR'S 54" RETAINING WALL IN THE PUBLIC RIGHT-OF-WAY AND A REDUCEI: FRONT YARD SETBACK OF 10.3' LOCATED AT 2815 WILSON STREET. CASE NAME: FLAMING DECISION To €X" AN ADMINISTRATIVE VARIANCE TO &LOW FOR fi CASE NO.: AV 90-5 WHEREAS, a verified application for certain property, to wit: Parcel 1 of parcel map #2624, filed May 7,1974 in the office of the Count: Recorder of San Diego County has been filed with the City of Carlsbad, and referred to the Planning Commissi WHEREAS, said verified application constitutes a request as provided by of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission - did, on the 20th day of February, 19 a duly noticed public hearing as prescribed by law to consider said request; anc WHEREAS, at said public hearing, upon hearing and considering all testim arguments, if any9 of all persons desiring to be heard, said Commission consic factors relating to AV 90-5. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissic i 20 21 22 23 24 25 26 27 28 City of Carlsbad as follows: A) B) That the above recitations are true and correct. That based on the evidence presented at the public hearing, the Con upholds the Planning Dkectois decision to deny AV 90-5, based on the fi I findings: Findins: 1. There are not exceptional or extraordinary circumstances or conditions a to the property or to the intended use that do not apply generally to t property or class of use in the same vicinity and zone, because the subject is similar in shape and size to other developed properties in the Vicinity a topgraphically constrained. EXHIBIT A t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 w e 2. The requested variance is not necessary for the preservation and enjoymc substantial property right possessed by other properties in the same vich zone but which is denied to the property in question because the lot c damt areas that are suitable for buildings and placement of the dwelling does not preclude access to usable areas in the rear of the dwelJi PASSED, APPROVED, AND ADOPTED at a regular meeting of the F Commission of the City of Carlsbad, California, held on the 20th day of Februaq by the following vote, to wit: AYES: Chairperson Holmes, Commissioners: Schlehuber, Sc McFadden, Erwin, Marcus & Hd. NOES: None. ABSENT: None. ABSTAIN: None. . 1 ROBERT HOLMES, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: I 4Vl,VLa 20 21 22 23 24 25 26 27 28 ' MICHAEL J. HOL2hIILLkd PLANNING DIRECTOR PC RES0 NO. 3088 -2- w ~ June 12, 1991 Roger Flaming 2815 Wilson Street Carlsbad, CA 92008 Enclosed for your records, please find a copy of the following Resolution 91-161 adopted by the Carlsbad City Council on June 4, 1991. LEE RAUTENKRANZ CITY CLERK LR:lw Enclosure (1) ___- __- -.--_ 1200 Carlsbad Village Drive - Carlsbad, California 92008 - (619) 434-2801