HomeMy WebLinkAbout1982-08-03; City Council; Resolution 69601
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RESOLUTION NO. ~ 6960
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 INCREASE THE HEIGHT OF A WALL IN
THE FRONT YARD SETBACK FROM 42 INCHES TO 72
INCHES ON PROPERTY GENERALLY LOCATED ON THE
NORTH SIDE OF LEVANTE STREET NEAR CALLE MADERA.
APPLICANT: KENNETH N. RAYMOND
CASE NO. : V-336
WHEREAS, a verified application for certain property,
to wit:
Lot 275, La Costa South Unit No. 4
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 26th day
of May, 1982, hold a duly noticed public hearing as prescribed
by law to consider said 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 July 6, 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 RESOLVED by the City Council of
the City of Carlsbad as follows:
1. That the foregoing recitations are true and
correct .
2. That based on the evidence presented at the public
hearing, the City Council grants applicant's appeal and approves
variance V-336, as shown on Exhibit "A" dated July 20, 1982 on
file with the Planning Department, based on the following findings
and subject to the following conditions:
Findinss :
1. There are exceptional or extraordinary
circumstances applicable to the property that do not apply
generally to other property in the same vicinity and zone in that many of the other properties in this area have larger front yard areas which enable them to construct courtyards. Also, the
applicant has a large slope in his rear yard which limits the
buildable area.
2. The granting of this variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone since
many other properties in the area have already constructed front courtyards. Without this variance the applicant would not be
able to do the same.
3. The granting of this variance will not be detrimental to the public welfare since it will not block visibilty.
4. The granting of this variance will not adversely affect the General Plan.
Conditions of Approval :
1. Approval is granted for V-336, as shown on Exhibit
"A" dated July 20, 1982, incorporated by reference and on file in
the Planning Department.
2. This project is approved upon the express condition
that the applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated April 2, 1982, on file with
the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment
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of said fee. A copy of that agreement dated April 12, 1982 is
on file with the City Clerk and incorporated herein by
reference. If said fee is not paid as promised, this
application will not be consistent with the General Plan and
approval for this project shall be void.
3. The applicant shall obtain a building permit prior
to completing the construction of the wall.
PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, on the
3rd day of August , 1982 by the following vote, to wit:
AYES:
NOES: bne
ABSENT: Council Merher Kulchin
Council Nehers Casler, Lewis, Chick and Anear
%4L&%+ k/.L
MARY H .dCASLER, Mayor
ATTEST :
( SEAL)