HomeMy WebLinkAbout1990-02-13; City Council; Resolution 90-30II 0 0
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RESOLUTION NO. 90-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA7 APPROVINGTHE APPEAL OF A PLANNING COMMISSION DECISION UPHOLDING A PLANNING DIRECTOR DECISION DENYING AN ADMINISTRATIVE VARIANCE TO MAINTAIN A SIX FOOT HIGH WALL IN THE REQUIRED TWENTY FOOT FRONT YARD SETBACK IN AN R-1 ZONE, ON PROPERTY LOCATED AT 2246 JANIS WAY.
WHEREAS, an appeal for certain property to wit:
Lot 26 of Carlsbad Tract No. 81-19 Unit No. 2, Mar Y Montanas in the City of Carlsbad, County of San Diego,
State of California, according to Map thereof No. 11594 filed in the office of the County Recorder of San Diego County August 20, 1986.
has been filed with the City of Carlsbad and referred to the City Counc
WHEREAS, said appeal constitutes a request as provided by T
of the Carlsbad Municipal Code; and
WHEREAS, the City Council of the City of Carl sbad did, on
day of December, 1989, hold a duly noticed public hearing as prescribed
to consider said request; and
WHEREAS, at said public hearing, upon hearing and consider
testimony and arguments, examining and analyzing information submitted t
and considering any written comments received, the City Council conside
factors relating to the appeal of Administrative Variance 89-7.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council
City of Carl sbad, Cal ifornia as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, 1 Council approves the appeal of AV 89-7 and rescinds F Commission Resolution No. 2932 and the Planning Dir Administrative Variance denial letter dated August 16, 1985 on the following findings and conditions:
Findinqs:
1. There are exceptional or extraordinary circumstances or cor applicable to the property or to the intended use that do nc
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generally to other property or class of use in the same vic In re1 ationship to a1 1 property 1 ocated along Janis Wa: property is impacted the most by the front yard view of the Reservoir site.
2. Denial of the requested variance will deprive the owner substantial property right possessed by other property in tt vicinity and zone because the reservoir site is directly \ from their front yard and a living room window.
3. The granting of this variance will not be materially detrimel the public welfare or injurious to the property or improvemc the vicinity and zone in which the property is located. The : wall represents an insignificant encroachment into the public of-way along Janis Way. The wall does not represent a potent significant safety hazard with respect to driveway sight d. because the property is 1 ocated near the end of a cul -de-sac that carries light vehicular and pedestrian traffic. The e. foot wide driveway is adequate to provide safe backing vis. and the wall contains many open cut out sections that I visibility along the public right-of-way when backing vehic' of the driveway.
4. The granting of this variance will not adversely affe comprehensive General P1 an because accessory structures s walls are compatible with residential uses in the R-1 Zone.
Conditions:
1. Administrative Variance 89-7 is approved upon the express co: that the City Council approve an Encroachment Permit for the wall.
CC RES0 NO. 90-30 -2-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of tt
Council of the City of Carlsbad, California, held on the j&
of February , 19 90 , by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, and Larson
NOES: None
ABSENT: None
ABSTAIN: Council Member M
ATTEST:
l2.” 4 a-
ALETHA L. RAUTENKRANZ, City C1 ebk
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