HomeMy WebLinkAbout1983-07-05; City Council; Resolution 7276If cl
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RESOLUTION NO . 7276
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 TWO TANDEM PARKING SPACES, ONE COMPACT CAR SPACE, A PARKING ENCROACHMENT INTO THE FRONT YARD SET BACK AND A PARKING ENCROACHMENT INTO
THE SIDE YARD SET BACK ON PROPERTY LOCATED AT 4555 COVE DRIVE AND APPROVING SAID VARIANCE. APPLICANT: BURMEISTER
CASE NO.: v-347.
WHEREAS, a verified application for a variance for
certain to wit:
Lot 35 of Map No. 5162 in the City of Carlsbad, California according to map thereof in San Diego County on April 23, 1963
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 11th day of
May, 1983 and on the 25th day of May, 1983 hold duly noticed
public hearings as proscribed by law to consider said request:
and
WHEREAS, the Planning Commission did on May 25, 1983
after said public hearings denied the request for a variance;
and
WHEREAS, the applicant appealed the decision of the
Planning Commission to the City Council; and
WHEREAS, on June 21, 1983 the City Council of the City
of Carlsbad held a duly noticed public hearing as proscribed by
law to consider said appeal and at said hearing after
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consideration of all the evidence, testimony, aruument of those
persons present and desiring to be heard the City Council
determined to grant the appeal.
NOW, THEREFORE, BE IT 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 the applicant's appeal and
approves Variance V-347 as shown on Exhibit A, attached hereto
and made a part hereof, based on the following findings and
subject to the following conditions:
FINDINGS:
1. There are exceptional or extraordinary circumstances applicable to the property that do not apply to other property in the same vicinity and zone because:
a) The existing structure was constructed on the property prior to the adoption of the present parking regulations.
b) No other property in the vicinity or zone is similarly situated to the subject property.
c) Development of the property without the variance would require demolition of the existing structure, while granting the variance will allow development with relatively minor renovat ion.
2. Granting this variance will not be detrimental to other property in the vicinity because:
a) More off street parking than can be accommodated by the existing parking configuration will be provided.
b) All parking will be accommodated on private property.
CONDITIONS:
1. Except for the variances as indicated on the attached Exhibit A, the applicant shall comply with all sections of the
zoning ordinance and all other applicable City ordinances.
2.
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2. An application for a condominium permit and subdivision map shall be filed with the City and processed according to the provisions of the Municipal Code.
3. An automatic sprinkler system shall be installed throughout the building to the satisfaction of the City Fire Marshall prior
to occupancy of any of the units.
PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, held on
the 5th , day of JUY , 1983, by the following
vote, to wit:
NOES : Council Manber Lewis
ABSENT: None
, MARY H. gASLER, Mayor
ATTEST :
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v-347
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