The URL can be used to link to this page

Home My WebLink About1993-12-07; City Council; 12489; GRANTING THE APPEAL FOR AN ADMINISTRATIVE VARIANCE| APPLICANT: HILL| CASE NO: AV 91-12Az 2 0 0 I I 1 2 3 4 5 6 7 8 9 10 11 12 9m 13 mug II2 ash an8 iU, oug 14 $055 15 ak58 4 UolL '4- a>mG zwoo 0 z J - 16 "azo 00 bo% aod 00 >-I2 zc'19 17 - 18 19 20 z1 22 23 24 25 26 27 28 e 0 RESOLUTION NO. 93-323 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA GRANTING AN APPEAL AND APPROVING THE ADMINISTRATIVE VARIANCE TO ALLOW FOR A REDUCED SIDEYARD SETBACK FROM THE REQUIRED 8 FEET TO 2 FEET FOR A STORAGE STRUCTURE ON PROPERTY LOCATED AT 3317 CADENCIA STREET APPLICANT: HILL CASE NO: AV 91-12 (A) WHEREAS, a verified application for an administr, variance to allow for a reduced sideyard setback from the rep 8 feet to 2 feet for a storage structure on property locatc 3317 Cadencia Street and described as: ''Lot 309 of Carlsbad Tract 72-20 Unit No. 3 (APN 223-212-03) City of Carlsbad, County of San Diego, State of California." has been filed with the City of Carlsbad and referred t Planning Commission; and WHEREAS, the Planning Commission did on April 21, hold a duly noticed public hearing as prescribed by law to cor said application for Administrative Variance AV 91-12(A); ax WHEREAS, the Planning Commission did on April 21, after hearing and considering all the evidence and testimony c people desiring to be heard adopted Resolution No. 3511 uphc the Planning Director's denial of AV 91-12(A); and WHEREAS, the applicant appealed Planning Comm Resolution No. 3511 to the City Council; and WHEREAS, on November 16, 1993 the City Council c City of Carlsbad held a duly noticed public hearing as pres to consider said appeal and at said hearing after considerat all the evidence, testimony, and argument of those persons p II 1 2 3 4 5 6 7 8 9 10 11 12 Sm *> ~wS 13 &FW qo8 ,ow9 Aka ,4 $055 2;sz “890 E:; >2% 17 bu >JZ utga: auoB 15 zwm0 o z -I . 16 aoA 18 19 20 21 22 23 24 25 26 27 28 e 0 and desiring to be heard the City Council approved Administrative Variance AV 91-12(A) 90-2 and directed the Attorney to prepare documents which would grant the appeal: WHEREAS, there are exceptional and extraord circumstances and conditions applicable to the property sin( has been flooded approximately 15 times since it was construct 1978, The property owner has attempted to remedy this situ without success until a roof was constructed over a slab ext from the residence into the required yard setback. This reduced the amount of water flowing onto the slab and may reduced the hydrostatic pressure preventing ground water intruding into the sunken living room of the residence. 1 testimony indicated that the lot on which this residen situated has experienced and continues to experience graunc problems. Other solutions including the installation of reti walls, drain pipes, french drains and weather proofing then been unsuccessful in eliminating the drainage problem. The Cc finds that this represents an extraordinary and excep. situation which is not present in the neighborhood in general Council further finds that there is no testimony indicatin. granting of the variance would deprive nearby residents ( light, heat, air or open space and that adequate erne vehicular access can be provided. WHEREAS, The Council further finds that the den this variance would deprive the property owners of the enjoy a substantial property right possessed by other properties j 2 1 2 3 4 5 61 7 8 9 10 11 12 am SUA? m> &E., 13 408 J;g2 GO<< 14 *>?Z 15 KkSZ OOU. zum ozJv. 16 aarso E:: <=-I >2% 17 LO :>zs 18 19 20 21 22 23 24 25 26 27 28 m 0 neighborhood- since it would require the property owners I continually subjected to flooding during the rainy season and this solution has proven effective. WHEREAS, nonetheless the Council further finds, tha property owner proceeded without the necessary and proper pe and in spite of the fact that they would be required fo project . NOW, THEREFORE, BE IT RESOLVED by the City Council ( City of Carlsbad, California, as follows: 1. 2. That the foregoing recitations are true and cox That based upon the evidence presented at the F hearing, including all testimony and documents including E testimony, the appeal is granted and the administrative variai granted for the location of the storage structure attached single family residence located at 3317 Cadencia Streef provided that the property owner obtain all necessary and 1 permits, including building permits, and that double fe assessed according to law; and 3. Appeals fees shall not be refunded. 4. This action is final the date this resoluti The provision of Chapter 1.16 c adopted by the City Council. Carlsbad Municipal Code, "Time Limits for Judicial Review" 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 3 1 2 3 4 5 7 7 a 9 10 11 Q l2 <% a08 Ow% A,, aoaq 14 m,jz utga: "02 15 :,si zwmz gz$b 16 Oa E:% <OA >2: 17 -1- "' [Tum l3 '. 00 18 " ' 20 21 22 23 24 25 26 27 28 a a 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 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 Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008.11 PASSED, APPROVED AND ADOPTED at a Regular Meeting c City Council of the City of Carlsbad on the 7th day of DE the thirtieth day following the date on which proceedings shall be filed with the City 1993, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Nygaard, Finnila NOES: Council Member Stanton ABSENT: None ATTEST: k* &zip UTE Z, City Clerk N R. KUNDTZ, A istant City Clerk 4 December 14, 1993 Mr. and Mrs. Stephen Hill 3317 Cadencia Street Carlsbad, CA 92009 Re: Administrative Variance, AV 91-12(A), 3317 Cadencia Street The Carlsbad City Council, at its meeting of December 7, 1993, adopted Resolution No. 93-323, granting an administrative variancc to allow for a reduced sideyard setback from the required eight feet to two feet for a storage structure. Enclosed is a copy of Resolution No. 93-323 for your records. CLQaL- &?- % ALETHA L. RAUTENKRANZ, CMC City Clerk Am: ijp Enclosure 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-28C