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Home My WebLink AboutV 280; ARTHUR GERHARD; Variance (V);f -T 7777 , a&Y. RD ,,JI7L .' $ -- Y Alp S v ''.280 ERHARD / 51O-78 Case vccpr//ir pcteV4 _________Date Description ,of Request' _ To EOUCER1QU4 D EA $I,O SET8A __ /7p66-r To 76ET Mdr of Request 7OOy E 46Li44 e ,1,A, ) EASr S'/E ess or LQcatfofl rr- Appji:o 4- Ao 12g4 A-1.0 1rti or Arch LESrt VAUG 3ie Yi *e c7o - rief Legal: a -1.04 komcr, - ssessor Eook: Zi5 Pge _iso Parce) y General Plan L1ict__UseDesctiQfl;OW___,ri4&rs4._() _ __ôs DU'i g Acres;.I No. ofT i-JJ 4t U L ~w l 27— ihin cot Plan It I 1 1 (J Yi:jc a'WED - -*-- L_ ___ ----- . __ . T ' C ,-g) / V '.j) V ( V V V V V V - V VV V V V / ; - V VV V V V VV V -- - -4 --- V V V V V V V V V V V V /.r JVV. V V V V V - _ V V V V V V•V V V V :.• V.VV V V V VVV V V ,V, - V VVV • V,• V V - . V V V VV V V - V V V V V V V V V V V V V - V . 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At/OIW E2,4'4gO •---•------- --•----_--- 55.0SS•••• ---S •• 5 - '--0-•_S-- -4 EU : - * co I CD il / \ I - I - t----_ (Q' _ I V A 4 toJ / to \ \® I L rTl 10 16/4 ec q. DIV Me- \ : : / \ p \ /2/5-/Je2-Z4 r t& j. - - -- . EB ( "C., eff 16 - I V. Rec::ipt No. APPLICATION NO. VARIANCE_____________ CITY OF CARLSBAD (Please Type or Print) Date: 47#' 1. REQUEST: Variance to (briefly explain and indicate section o Zone Ordinance affected) 2. LOCATION: The subject property is generally located on the 6957-side of77ZtL/? 27 frJ,qt bet wee n ,4Z(G,q eP. and _C'9 7 '7 (LoT ç'7_ccsr _ 3. ASSESSOR'S NUMBER: Book2 15 Page /"O Parcel 24 Book Page Parcel (If more, please list on bottom of this page). 4 OWNER(S): Name Address City Zip Phone AAIpww _H_-H4'2i' & c1c 7iL L L I 'E /1') '9 '- c c?r. 5.. PERSON RESPONSIBLE FOR PREPARATION OF APPLICATION: ie37eZ V4u414A/342 . k4 d' Name Address City Phone I 75 APPLICANT'S SIGNATURE: I hereby declare that all informatiofl I 6. contained within this application is true: I Name ddress Zip Phone 17E 07 9#a _- Represenjing f17 1 c4 qz'c ompany Vr Corporation Relationship to Property Owner(s) The City of Carlsbad Planning Department would appreciate the opportunity to work with the applicant throughout the Planning Stages of the proposed development. In an effort to aid the applicant, the Planning Department requests that it be given an opportunity to evaluate and discuss the application and plans prior to submittal. This request ig not a requirement; however, it may avoid major re- drafting or revision of the plan which only serves to lengthen the processing time. ATTACHMENTS: Supplemental Information Form - Planning 23 Standard Conditions - Planning 27 Preparation Check List - Planning 32 Procedures - Planning 36 V.- I Form: Planning 5 Date of Planning Commission Approva .- . If after the information you have submitted has been reviewed, it is determined that further information is required, you will be so advised. APPLICANT: Name (individual, partnership, joint venture, 20 e 0?1"7r&J0 Business Address Telephone Number AGENT: Vc-(&/ Name fq7 ( Business Address Telephone Number MEMBERS: Name (individual, partner, joint Home Address venture, corporation, syndication) Business Address Telephone Number Name Business Address Telephone Number Telephone Number Home Address Telephone Number S (Attach more sheets if necessary) I/We declare under penalty of perjury that the information contained in this dis- closure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. Applicant KI AP_ U S 0 S SUPPLEMENTAL INFORMATION FORM VARIANCE 1) Gross Acres (or square footage, if less than acre) 2) Zone ,e-/ 3) GeneralPlan Land Use Designation ,"—vr,4L 4) By law a Variance may be approved only if certain facts are found to exist. Please read these requirements carefully and explain how the proposed project meets each of these facts. Use additional sheets if necessary. a) Explain why there are exceptional or extraordinary circum- stances 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: b) Explain why such 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 is denied to the property in question: i' LIP c) Explain why the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which thp nrnrrtv is ltcated: d) Explain why the granting of such variance will not adversely affect the comprehensive general plan: 77-4c A-OL7f7Y9,v' - FORM _1anntng 23 Date of Planning Commission Approval • •0 ••-. .>: !. .: .rn . o fl •fl H, D •'L '.cn -rn 0 HO - --.: -'—.4 - •. '1 :. "0 4I• 3' 0 0; 1 JW rn ('II' • • I nereby certify that if impressed with the seal 01 the San Diego County Recorder, this is a true copy of the permanent record filed and/orrecorded in this office. H Harley F. Bloom, Recorder" Date County of San Diego, California MAY 2197 pA 0ro1 __ APN I WHEN WECOWOO MAIl. To - RECORDED REQUEST OF — CALIFORNIA LAND TITLE. Co APR25 800 AM73 - '- Andrew H Gerhard' OF1c1ACRECOR0S 7630 El Camino Real ,! *OJQcOUN1YCAUP A Carlsbad, Ca 92008 — k&PfRECOD Cy& - $300 '?. I - - SPACE A80VE TIllS LINE FOR RECORDER'S USE (YbPPARATTA1%T RANT J1PPfl - wn 'fl (fi I.. • - / • . .' . . I,. .fl flu, fl •flflfl_•• 0, •0 • • . - I - . ,. • •0 ' :•... • -' • 'iflis zorm IUFUI3flCU uy urugr uunst, AIUV Juwp'.y \-: •' PROPERTY OWNERS LIST Lot No. Parcel Number Owner's Name & Address 44 215-110-25 Mrs. Elizabeth Feller 2003 Alga Road Carlsbad, CA 92008 45 215-110-26 Mr. Joseph H. Chambers 2015 Alga Road Carlsbad, CA 92008 46 215-110-27 Mr. Russell Kane 2027 Alga Road Carlsbad, CA 9008 Per. 46 215-110-29 Rancho La Costa c/0 Mr. Burton Eramer 2100 Costa Del Mar Rd. Carlsbad, CA 92008 47 215-110-24 subject property @ 7008 Estrella de Mar 48 215-110-23 Raymond A Gillilan 7014 Estrella de Mar Carebad, CA 92008 49 215-110-22 Rowco, Inc. 1539 Beverly Blvd. Los Angeles, CA 920 26 50 215-110-21 Elaine L. Sacks 7026 Estrells de Mar Carlsbad, CA 92008 51 215-110-18 Cal Pacific Properties- 2914 Caleta Court Carlsbad, CA 92008 Property on eat-side of Estrella de Mar across street is managed by: La Costa Condo #2 Association P0 Box 755 Rancho Santa Fe, CA 92067 Property immediately behind subject property is owned by Rancho La Costa and is used as green belt wcound the golf course: Rancho La c/o Burton Kramer, 2100 Costa Del Mar Rd., Carlsbad, CA 92008 '-1 1 '- .-:- -- -- : L - ;. rs.1izabeLh:ellt'i.; 260 Road - *. • - - H Mrs. Elizabeth Feller : 2003 Alga Road iTL r-. Carlsbad, CZ 92008 • - Jast ..- C-• • - •2O5.Alga Road Ciibad1 CA r-2 L3 8 k.• ¼ p P 1 Ruse1l Kane 2027 Alga Road - '- L Carlsbad, CA 92008 ) -1-N - ------.- - r. arls- — Rancho La Costa Cal Pacific Properties c/o Mr. Burton Kramer , — -- — - 2100 Costa Del Mar Road 2014 Caleta.Ct. • . I Carlsbad, CA 92038 -;:-u Raymond A. Gillilan . ;:.. 7014 Estrella de Mar La Costa n Carlsbad, CA 9200S . Hone ners association 4 . . . PO Box 755 Rancho Santa Fe, CA 92067 :1 -.t • - . - : • . - r - Rowco, Inc. Joseph H. Chambers . . :-- . • - - 1539 Beverly Blvd. 2015 Alga Rd._ : Los Angeles, CA 92026 Carlsbad, T 92008 ;' • --• Elaine L. Sacks - L 7026 Estrella de Mar • 0 I Carlsbad, CA 9200 Y 7F •0. . a•< -) c ' :' 0 :., CA 0 r • . . •w. - 0• •_ 0 • ,- -• i.•. 0 • • •• _•c ••- &__ - • 0••' --•r -' •1 S• - *• - .- __________ 0 -) •-ctrt .. • . 2C- .- '.• - *- .-•. .4 s. * s• . s; •'ijo4 ,m&C;-1terts .ssoatioL -. 1', • • - ti •. &• .• q . 1 - ¼'. -P •. -. A. • . .• It' --I 4 A I PA S 0 NOTICE OF PUBLIC HEARING '•I- L 1A •, RE: VARIANCE 280 NOTICE IS IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing in the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 7:00 P.M. on Wednesday, June 14, 1978 to consider an application for a reduction in a required rear yard setback from 17 feet to seven feet on property generally located on the east side of Estrella de Mar between Alga Road and Caleta Court, and more particularly described as Lot 47 of La Costa Valley Unit No. 1 according to Map thereof No. 5434, filed in the office of the County Recorder of San Diego County on July 29, 1964. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions, please call 729-1181 and ask for the Planning Department. PUBLISH: May 20, 1978 APPLICANT: Jes--hn () CITY OF CARLSBAD PLANNING COMMISSION ALGA RD Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of San Diego County 3088 PlO PICO AVENUE • P.O. BOX 248 S CARLSBAD, CA 92008 S 729-2345 Proof of Publication 0 \jJ STATE OF CALIFORNIA, s. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, printed and published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of _________ the notice hereinafter referred to; and that the %notice of which the annexed is a printed copy, has NTIPrLIc been published in each regular and entire issue of .RE:YA1IANCMB9. said newspaper and not in any supplement l0T1OE1SHEREBYGIVE14 thatthe thereof on the following dates, to-wit: Planning Commission ofthe City of - Carlsbad will hold a public hearing in the City otincil Qh,a'mbets, 1200 Elm A4enue, Carlsbad Cdliforhidat 7:00 M ') P.M. on 'Wedneday, Juñë i4; 1978 to ............. Y 1 9 consider atapplicatibnfor a reduction in reggite rd.. ek fp17 I feet to seven feet on property generally - locgted onthe eastside of Estrella de Mar betwggn AlgaiBoad and Caleta 1 9 Court, and morepartjcularly described asLot'47 of La Costa Valley Unit No. 1 according to gap thergofNo, 5434, filed in the or of the county Recorder of San Diego Counts on July 29, 1964. • Those persons wishing to speak on this proposal are cordially invited to - attend the public -hearing. If you have any questions, please call 729-1181 and ask forthe Planning Department. Applicant: J'a I meq K Johns 1 9 .................................. CITY OF CA1LSBAD PLANNING-COMMISSION CJ S512: May 20, 198 - -4 19.... I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsba 5 1nty of San Diego, State of California on day of May 1978 Clerk of the Printer . . INFORMATION REQUEST FORM / r DATE: FROM: CARLSBAD PLANNING DEPARTMENT • .: BE: CASE NO.. Attached is a copy of the location map and information sheet on the subject case. This item will be reviewed by Carlsbad Departmental Coordinating Committee on - If you have comments or conditions that should be considered,, please complete this request and return by For further information, please contact the Planning Department at 729-1181, Ext. 25. . .. . • Do Rose, Current Planning Section . COMMENTS: .... _. • .. . . M,qy 12 197g CITY np rflflInc ' rtment (attach additional sheet if necessary) Form Planning 5, . . INFORMATION REQUEST FORM /7 DATE: TO: (i J€Aj)&JA FROM: CARLSBAD PLANNING DEPARTMENT RE: CASE NO. V 2 rO - • Attached is a copy of the location map and information sheet • on the subject case. This item will be reviewed by Carlsbad Departmental Coordinating Committee on -. • If you have comments or conditions that should be considered, • please complete this request and return by For further information, please contact the Planning Department • at 729-1181, Ext. 25. • 97B: •• • 4t• •••• AD • •. Do Rose, Current Planning Section c.ir( Of CARLSBrI 1- ,f-( • panning Department çOENT (attach additional sheet if necessary) Form Planning 51 • DATE: ,TO: kJdJ, AQt • FROM: CARLSBAD PLANNING DEPARTMENT • RE: CASE NO. Attached is a copy of the location map and information sheet on the subject case. This item will be reviewed by Carlsbad Departmental Coordinating Committee on • If you have comments or conditions that should be considered,, • • please complete this request and return by For further information, please contact the Planning Department • at 729-1181, Ext. 25. • 0 0..: 0•• .0 ••, •0 : • FoA Rose, Current Planning Section . 0 COMMENTS: I - • LCrL.d Y( (attach additional sheet if necessary) • 0 Form Planning 51 . STAFF REPORT DATE: June 14, 1978 TO: Planning Commission FROM: Planning Department CASE NO: V-280 APPLICANT: Arthur H. Gerhard REQUEST: Variance to Reduce Required Rear Yard Setback from 17 Feet to 7 Feet. BACKGROUND Location and Description of Property The subject property is a parcel of about one-quarter acre in size with an existing single family home. It is located in a neighborhood of single family residences in the La Costa area, on the east side of Estrella de Mar between Alga Road and Caleta Court. The street address is 7008 Estrella de Mar, and Assessor Book No. 215-110-24. Existing Zoning Subject Property: North: South: East: West: Existing Land Use R-1-7500 R-1-7500 R-1-7500 R-1-7500 & P-C RD-M Subject Property: Single Family Dwelling North: Single Family Dwelling South: Single Family Dwelling East: Vacant and Golf Course West: Multiple Family Dwellings Past History and Related Cases V-275, Mike O'Hara. On February 8, 1978, the Planning Commission approved a variance for a reduction I . in a rear yard setback (Res. No. 1431) from the required 20' to 5', on two single family lots in the R-1-10,000 zone. While the zone differs slightly from the subject property, this variance is similar to the present request in that the rear yard fronted on the La Costa golf course. The Commission noted in this case adjacent property had a reduced rear yard as approved through the PUD process. They also found that close proximity to the golf course afforded sufficient open area and distance between buildings for these homes. View blockage was not considered an issue in this case because any development on the property would tend to obstruct the view of adjacent homes. V-260, Susan Green. On April 14, 1976, the Planning Commission approved a variance for a reduction in a rear yard setback (Res. No. 1237) from the required 20' to 13' in a R-1-7500 Zone. The situation is similar to the current request in that the rear yard fronted on the golf course in La Costa. The Commission noted that many houses which abut the golf course have rear yards which are less than required. The Commission also discussed the possibility that a reduction in the rear yard could create a blockage of view for surrounding properties. The applicant submitted letters from surrounding properties which were in favor of the variance. It was then determined that the line of site would not be a factor. Environmental Impact Information The subject request is EXEMPT from the requirements of the Carlsbad Environmental Protection Ordinance by Section 19.04.090 (C.4). This section exempts minor lot line adjustments and variances for setbacks. General Plan Information Subject variance, if granted, will have no affect on the General Plan. Public Facilities All necessary public facilities are available. The proposed project will not cause additional demands on facilities. Major Planning Considerations 1. Can the required findings for variance approval be justifiably found? Are there unusual circumstances which apply to the subject property? Would strict application of the zone requirements substantially limit a property right possessed by other property in the same vicinity and zone? 2. Will the encroachment of the rear yard have any detrimental affect on the general welfare of adjacent properties? . . a. Will the privacy afforded to adjacent parcels be jeopardized? b. Will a rear yard reduction create view blockage for surrounding properties? Discussion The granting of variances is regulated by state law as well as local regulations. State law tells us that: VctxLanc.e.' {xom the -texm4 oJ the zoning oxd.Lnanee iha.0 be gxcLnted on1y when, becicu4e o6 4peci.-Lctt am4tcLnae4 ctppUecLbee to the pJopexty, Lne!acUng size, shape, topogxctphy, £.oea.tLon ox ondLngs, the sttict app Le.a.t-Lon o6 the zoning oxd..Lncu'iee depx-Lve4 .sLteh pxopexty oj px..üiLeege4 enjoyed by othex pxopexty in the vicinity and undet Ldent.Lect1 zoning cc.4 4L ,LccttLo n. Any va.xcLnae gxated 4ha.0 be subject to such c.ondLtLon4 as wL.0 c64Lute that the adju,stment thexe.by cathoxLzed hctU not eon tLtte a. gxa.n-t oJ 4pee-Lct. pxLvUege4 inconsistent with the tLmLtatLon4 upon othex pxopext-e4 in the vicinity and zone in which such pxopexty Ls situated. Attachment "A' is a copy of the plot plan showing the subject property with the proposed addition. The lot has an unusually shaped pentagonal configuration. Our zoning regulations discuss pentagonal lots but it seems to be geared for regularly shaped pentagonal lots as shown on Attachment "B 11 . The Code states: 21.04.245 Lot tine, teat. "ReaJ. tot tine" rnea.n4 cc. tot tine wh..Leh oppoiL.te and mo4t di,stant J&om the J&ont tot tine. Fox the paxpo4e oJ e4tctbtL4h..Lng the xeaJc. tot tine o6 a. tx nguiait ox txc.pezoJdctP. tot, ox o4 ci. tot the xectx tine o4 which .ts oxmed by two ox mote £Lne4, the Jottowing 4hcLU a.ppfy: (1) Fox a. txLci.ngui.cc.x ox goxe4ha.ped £o-t, a. tine ten Jeet in 1ength within the tot and x.thet xernoved 4&om the Jtont tot tine and at tight ccnge.e4 to the tine corn- pxJ.4Lng the depth o4 such tot 4haii be a4ed a.o the xecc.x tot tine; (2) in the ease o4 a. txcc.pezoLdct. tot the xecc.x tine oJ c.vh-Lc.h L4 not pa.xa.Uee. to the xon-t tot tine, the xecc.x tot tine thcc.0 be deemed to be a. tine at tight ctngfe6 to the tine eornpxLLng the depth o6 such tot and .3 . . d1tctwn thlLoagh a point bLzectLng the 'teco'tded )Le.ait. tot tine; oft (3) In the caZe oJ a. pentagonae. tot the 'tevt bounda/ty oj wk-Lc.k .Lnc!id4 an angfe o/z.med by two tines, ouch angZe 4haU be empeoye.d jot dete&mining the ftecuz. tot tLne. in the .oa.me mctnnvt az pite4cJtLbed 4o .,t a txi- angutat tot. A strict application of this section would result in an oddly shaped rear yard as shown on Attachment "A". This would mean that the proposed addition would be encroaching into the required side yard rather than the rear yard. Understandably, this is confusing. Staff feels that a more reasonable application of the rear yard requirement in this instance would be to consider the rear lot line to be formed by lines "X" and "Y" as shown on Attachment "A". The rear yard would be formed by measuring in from these two lines. There does appear to be special circumstances attached to this case. One is that the lot has an odd configuration. Another is that the north side of the house has an unusually large side yard which would seem to fulfill the purpose of a rear yard. Also, the "Past History and Related Cases" portion of this report points out that the city has considered lots backed up to La Costa golf course as having special circumstances due to surroundings. Staff visited the site and viewed the proposed addition from all possible angles. The addition will not result in a tresspass on the privacy of adjoining property or a view blockage. Recommendation Staff recommends that V-280 be approved as requested based on the following findings and subject to the follow- ing conditions: 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 because: a. The configuration of the lot is unusual. A strict application of the rear yard require- ment would not fulfill the intent of the regulations. b. The property rears on a golf course thereby giving sufficient open area, light and air, and distance between buildings. 2. The variance is desirable for the preservation .4 . . and enjoyment of a property right possessed by other property in the same vicinity and zone because: a. The city has already granted variances to encroach into rear yards for other properties that back up to the same golf course. b. The "surroundings" a portion of which is a golf course, constitutes a special circumstance in that future development to the rear of the subject property is precluded. 3. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. a. The granting of the variance will not result in a view blockage from or an encroachment into the privacy of surrounding properties. 4. The granting of the variance will not adversely affect the comprehensive general plan because: a. It will not result in an increase in density pursuant to the general plan, nor will it ad- versely affect the living environment for the area. Conditions 1. Approval is granted for the land described in the application and any attachments thereto as shown on the plan submitted, labeled Attachment "A". The location of all features shall be located substantially as shown on Attachment "A". 2. Encroachment into the rear yard will occur only as shown on the approved plot plan with no exceptions. Attachments: Attachment A Attachment B DLR: le .5 107d Otkl • /10 7 \ • • 'S.' - - - - • 4,QI of .- • ';;) • \'•'\ -- - • / I - S Al --iT_---------5---___ __ Th1 -------- 5- J 1 -- - - ------------- I • 1 :! zlc'3ZJ Ni I - __._-5 - NJ7 •;oZI Q1 2f 1 f723 25 3)rcc'A . . PTAPAL LC[ %tJ34J) I"= 4' ASITTIVIRM"T lb 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . I PLANNING COMMISSION RESOLUTION NO. 1448 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A VARIANCE TO REDUCE REQUIRED REAR YARD SETBACK FROM SEVENTEEN FEET TO SEVEN FEET CASE NO. V-280 APPLICANT: ARTHUR H. GERHARD WHEREAS, a verified application for certain property to wit: Lot 47 of La Costa Valley Unit No. 1 according to Map thereof No. 5434, filed in the office of the County Recorder of San Diego County on July 29, 1964 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 Fourteenth day of June, 1978, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering the testimony and arguments, if any, of all persons who desired to be heard, said Commission considered all factors relating to the V-280 and found the following facts and reasons to exist: 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 -1- :1. use in the same vicinity and zone because: 2 a. The configuration of the lot is unusual. A strict 3 application of the rear yard requirement would not fulfill the 4 intent of the regulations. 5 b. The property rears on a golf course thereby giving 6 sufficient open area, light and air, and distance between buildings 7 2. The variance is desirable for the preservation and enjoy- 8 ment of a property right possessed by other property in the same 9 vicinity and zone because: 10 a. The city has already granted variances to encroach 1]. into rear yards for other properties that back up to the same golf 12 course. 13 b. The "surroundings" a portion of which is a golf :1.4 course, constitutes a special circumstance in that future develop- 15 ment to the rear of the subject property is precluded. 16 3. The granting of such variance will not be materially 17 deterimental to the public welfare or injurious to the property 18 or improvements in such vicinity and zone in which the property 19 is located. 20 a. The granting of the variance will not result in 21 a view blockage from or an encroachment into the privacy of 22 surrounding properties. 23 4. The granting of the variance will not adversely affect 24 the comprehensive general plan because: 25 a. It will not result in an increase in density 26' pursuant to the general plan, nor will it adversely affect the 27 living environment for the area. 28 1/ -2- :i. NOW, THEREFORE, BE IT resolved by the Planning Commission 2 of the City of Carlsbad as follows: 3 That the above recitation are true and correct. 4 That in view of the findings heretofore made and considering 5 the applicable law, the decision of the Planning Commission is 6 to approve the V-280, subject to the following conditions: 1. Approval is granted for the land described in the 8 application and any attachments thereto as shown on the plan 9 submitted. The location of all features shall be located substan- 10 tially as shown on the plan as submitted. 1.1 2. Encroachment into the rear yard will occur only as 12 shown on the approved plot plan with no exceptions. 13 14 PASSED, APPROVED AND ADOPTED at a regular meeting of the 15 City of Carlsbad Planning Commission held on June 28, 1978 16 by the following vote, to wit: 17 AYES: Ccamissioner Woodward, Rrnlxtis, Schick, Larson 18 NOES: None. 19 ABSENT: Coinnissioner L'Heureux, Jose, Wrench. 20 ABSTAIN: None. 21 22 23 ROMBOTIS, Chai rman 24 25 ATTEST: 26 27 28 S C. HAGAN,,cretary , -3-