HomeMy WebLinkAbout1982-04-20; City Council; Resolution 6852RESOLUTION NO. 6852
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, GRANTING THE APPEAL FROM THE PLANNING COMMISSION'S DENIAL OF A VARIANCE TO ALLOW TANDEM PARKING ON PROPERTY
GENERALLY LOCATED ON THE WEST SIDE OF MARINA DRIVE AND APPROVING SAID VARIANCE. APPLICANT: APELIAN
CASE NO: V-331
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WHEREAS, a verified application for a variance for
certain property, to wit:
in Map 5162 recorded April 23, 1963
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
Lots 69 and 70 of Shelter Cove, of that tract described
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 27th day of
January, 1982, hold a duly noticed public hearing as prescribed
by law to consider and request and at said public hearing the
Planning Commission denied the request for variance; and
WHEREAS, the applicant appealed the decision of the
Planning Commission to the City Council; and
WHEREAS, the City Council on April 16, 1982 held a duly
noticed public hearing as prescribed by law to consider said
appeal and at said hearing after consideration of all the
evidence, testimony and argument of those persons present and
desiring to be heard, the City Council determined to grant the
appeal.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the City
Council of the City of Carlsbad as follows:
A. That the foregoing recitations are true and correct.
B. That based on the evidence presented at the public hearing,
the City Council grants applicants appeal and approves variance
V-331, as shown on Exhibit A dated December 10, 1981 and on file
with the Planning Department, based on the following findings and
subject to the following conditions:
Find ing s :
1) There are exceptional or extraordinary circumstances applicable to the property that do not apply to other properties
in the same vicinity and zone since the property:
(a) Was originally two legally conforming substandard width lots with a portion of the project already built on one of the lots. The lots were consolidated at the suggestion of the city staff into one lot. If the lots had been left as two, tandem parking would have been permitted.
(b) After the lots were consolidated and building permits issued,
the Coastal Commission imposed a requirement for extra parking for the project. This additional requirement necessitated the use of tandem parking.
(c) Even though no other properties in the vicinity zone with widths over 50 feet have tandem parking, there are no other
properties that were created in the same unique manner as this property and no other property had the same development permit sequence as this project.
(d) This project will exceed the parking requirements for the zone and all the parking will be off street.
2) The granting of the requested variance could not have a detrimental effect on other property in the vicinity of the subject property since the project will have more parking than required by the zone.
Conditions:
1) The project shall be developed substantially as shown on Exhibit A dated December 10, 1981 on file with the Planning
Department.
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PASSED, APPROVED AND ADOPTED at a regular meeting Of
the City Council of the City of Carlsbad, California, held on
the 20th day of April, 1982, by the following vote to wit:
AYES:
NOES: None
ABSENT: Council Mer Kulchin
Council Members Packard, Casler, hear, Lewis
ATTEST:
(SEAL)
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