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HomeMy WebLinkAbout1981-04-21; City Council; Resolution 64932 3 4 5 6 7 8 9 10 11 12 0 a b 0 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION 649 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGS, GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION, AND THE FRONT YARD SETBACK ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF LA COSTA AVENUE BETWEEN GIBRALTAR AND ROMERIA STREETS. APPROVING A VARIANCE (V-302) TO ALLOW PARKING IN WHEREAS, the Planning Commission of the City of Carlsbad did on March 11, 1981 hold a duly noticed public hearing to consider the application of Leonard Izbicki for a variance (V-302) to allow parking in the front yard setback on property generally located on the north side of La Costa Avenue between Gibraltar and Romeria Streets, more particularly described as: Lot 40 of La Costa South Unit No. 5, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 6600 filed March 10, 1970; and WHEREAS, said variance has been determined to be categorically exempt from the provisions of the City of Carlsbad Environmental Protection Ordinance of 1980; and WHEREAS, at the conclusion of said hearing the Planning Commission, after making certain findings, denied the variance; and WHEREAS, the applicant filed an appeal with the City Council of the determination of the Planning Commission seeking relief from said denial; and WHEREAS, the City Council, at their meeting of April 7, 1981, held a public hearing to consider the appeal and to hear from all persons interested in or opposed to the proposed variance; and 2 3 4 5 6 7 8 9 10 11 12 n 19 20 21 22 23 24 25 26 27 28 WHEREAS, the City Council, after considering all relevant factors, makes the following findings: 1. 2. 3. 4. That there are exceptional circumstances which apply to this property which do not generally aply to other properties in the same vicinity and zone because : (a) Parking is prohibited along La Costa Avenue in front of the subject property while certain other properties along La Costa Avenue are not subject to this prohibition. (b) The property is already developed and there is not adequate space on site to provide the required visitor parking other than the front yard setback, and the location of these visitor parking spaces is a continuation of the existing parking which is already located on the front portion of the property. That this property would be denied a property right shared by other properties in the same vicinity and zone because: (a) On street parking is allowed in front of certain other properties on La Costa Avenue. (b) Other properties in the same vicinity and zone have been granted reductions in the front setback requirements for struct- res such as walls and patios. That the granting of such variance will not be detrim-+al nor injurious to the public's health and welfare because the small scale of the project will not generate a significant amount of traffic which could potentially conflict with the visitor parking spaces in the front setback. That the granting of such variance will not adversely affect the general plan because the density of the project is within the R-H general plan and land use designations for this site. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Carlsbad, California, as follows: A. That the above recitations are true and correct. B. That the variance is granted for the reasons set out in this resolution. 7,2 - 19 20 21 22 23 24 25 26 27 28 C. That the variance is granted subject to the following condition: 1. The Conditions of Tentative Subdivision ..ap CT 80-8 and Condominium Permit CP-58 as set out in City Council Resolution No. 6492 , on file in the City Clerk's office and incorporated by reference herein, shall be complied with. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 21st day of April 1981, by the following vote, to wit: I AYES: Council Mabers Packard, Casler, hear, Lewis and Kdchb NOES: Nme ABSENT: None 'x. RONALD C. PACKARD, Mayor ATTEST : ALETHA m!x% L. RAUTENKRANZ, tLf& City Clerk) (SEAL)