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HomeMy WebLinkAbout1974-03-19; City Council; Resolution 33812( 21 22 22 24 22 2e 27 2e 29 3c 33 3: k 0 RESOLUTION NO. 3381 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, GRANTING A VARIANCE TO INCREASE THE MAXIMUM PER- MITTED ENCROACHMENT INTO A REQUIRED YARD FROM TWO FEET TO 6.5 FEET ON PROPERTY GEMERALLY LOCATED NORTHERLY OF AND ADJACENT TO NAVARRA DRIVE AT ITS WESTERLY-MOST EX- TENSION. APPLICANT: STANLEY PRAVER V-234 WHEREAS, pursuant to the provisions of Title 21 of the Carlsbad Municipal Code, the Planning Commission did on December 1: 1973 and January 8, 1974, hold a duly noticed public hearing to consider a request for a variance to increase the maximum permittec encroachment into a required yard from two feet to 6.5 feet on property generally located northerly of and adjacent to Navarra Drive at the westerly-most extension of Navarra Drive, and more particularly described as: Lot 2 of Carlsbad Tract 72-33, in the City of Carlsbad, County of San Diego, State of Cali- fornia, according to Map thereof No. 7594, filed in the Office of the County Recorder of San Diego County on April 4, 1973; and WHEREAS, said application has complied with the require- ments of the City of Carlsbad Environmental Protection Ordinance of 1972 and has been declared to have a nonsignificant impact on the environment; and WHEREAS, at the conclusion of said hearing the Planning Commission by the adoption of Resolution No. 1031 did deny the variance: and WHEREAS, on February 5, 1974 the City Council considered 3n appeal by the applicant of the Planning Commission's action snd voted to return the matter to the Planning Commission for a report; and WHEREAS, the Planning Commission's report to the Council dated March 4, 1974 has been received and considered; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1 2 z 4 5 E 7 E s 1c 11 1: 1: n 14 2c 21 22 2: 24 2: 2€ 27 2€ 25 3c 33 32 f- 0 - 1. That the above recitations are true and correct. 2. The variance from the requirements of Section 21.46.120 of the Municipal Code is hereby granted, authorizing an increase in the maximum permitted encroachment into a required yard from two feet to 6.5 feet for property as described herein. 3. That the City Council finds the following facts and reasons to exist which makes the approval of said variance neces- sary to carry out the provisions and general purpose of Title 1 of the Carlsbad Municipal Code: (a) Through an inadvertent construction error an ex- tensive structure has been already constructed on the site and a strict enforcement of provisions of the code will necessitate major reconstruction at tremendous cost to the applicant. (b) The intrusion into the yard will not adversely affect any other property in the area. (c) The variance will not adversely affect the Com- prehensive General Plan. 4. That Variance No. V-234 as described herein is granted subject to the following conditions: (a) The approval is granted for the land described in the application and any attachments thereto, and as shown on the plot plan submitted labeled Exhibit A. (b) Unless the construction of the facility or structure is commenced not later than one year after the date the approval is granted and is diligently pursued thereafter, this approval will automatically become null and void. (c) Any minor change may be approved by the Planning Director. Any substantial change will require the filing of an application for an amendment to be considered by the Planning Commission. (d) All requirements of any law, ordinance or regula- tion of the State of California, City of Carlsbad, and any other governmental entity shall be complied with. (e) Prior to obtaining a building permit and within thirty days hereof the applicant shall file with the Secretary of the Planning Commission written acceptance of the conditions stated herein. PASSED, APPROVED AND ADOPTED at a regular meeting of the 2. Carlsbad City Council held on the 19th day of March , 1974, by the following vote, to wit: AYES: Councilmen Frazee, Chase, and Lewis. Councilman McComas NOES: ABSENT: None ATTEST : 3.