HomeMy WebLinkAbout1986-04-15; City Council; Resolution 8505RESOLUTION NO. 8,505 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA GRANTING THE APPEAL FROM
THE PLANNING COMMISSION’S DENIAL AND APPROVING A
VARIANCE TO ENCROACH ELEVEN FEET INTO THE TWENTY
FOOT FRONT YARD SETBACK ON PROPERTY GENERALLY
LOCATED. ON THE NORTH SIDE OF JUNIPER STREET BETWEEN
GARFIELD STREET AND THE AT&SF RAILROAD.
APPLICANT: BE1 LBEY
CASE NO.: A.V 85-8
WHEREAS, a verified application for a variance for
certain property to wit:
An undivided 1/16 interest in Lot 1 of CT 73-30 of Map
7961 filed June 12, 1974,
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a reques
as provided by Title 21 of the Carlsbad MunicipalCode; and
WHEREAS, the Planning Commission at their meeting of
January 22, 1986 held a duly noticed public hearing as required
by law to consider said request; and
WHEREAS, the Planning Commission did on said day of sai
public hearing deny the request for an administrative variance;
a nd
WHEREAS, the applicant appealed the decision of the
Planning Commission to the City Council; and
WHEREAS, on March 25, 1986 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
consideration of all of the evidence, testimony, and argument of
those persons present and desiring to be heard the City Council
determined to grant the appeal and approve the administratrive
variance AV 85-8; and
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NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbas as follows:
1. That the above recitations are true and correct.
2. That based on the evidence presented at the public
hearing the City Council grants the applicant's appeal and
approves Administrative Variance 85-8 as shown on Exhibit A,
attached hereto and made a part hereof, based on the following
findings:
FINDINGS
1. There are exceptional or extraordinary circumstances or
conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and zone in that the subject
condominium plan, approved by the City of Carlsbad, is the
only one in the area with a planned patio area in the 20 foot
front yard set back area rather than in the side or rear yard
areas as is usual and customary in residential buildings.
2. The requested variance is necessary for the preservation and
enjoyment of a substantial property right possessed by other
property in the same vicinity and zone but which would be
denied to the property in question without a variance because
a number of other homes in the area, and specifically other
condominiums in the same condominium development, have six
foot fences around their patio areas providing privacy and
s ecur i ty .
3. The granting of the variance will not be materially
determintal to the public welfare in that there are many
other 6 foot fences in the general area well within the 20
foot front yard set back area; the subject fence is
attractive and presents no safety hazard.
4. The granting of the variance will not adversely affect the
General Plan.
5. The fence has been in place for approximately eight years
without causing any problem. The appellant has come to rely
on its presence for adequate enjoyment of the home. It would
be unfair for the City to force its removal now after so long
a time.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 15th day of April 1986
by the following vote, to wit:
AYES:
NOES: None
Council Members Casler, Lewis, and Chick
ABSENT: Council Members Kulchin and Pettine
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EXHIBIT A
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