HomeMy WebLinkAbout1991-06-04; City Council; Resolution 91-161.
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RESOLUTION NO. 91-161
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA DENYING APPELLANT'S APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DENIAL OF AN ADMINISTRATIVE VARIANCE ON PROPERTY GENERALLY LOCATED AT 2815 WILSON
STREET BETWEEN BUENA VISTA WAY AND FORREST AVENUE IN THE R-1-7500 ZONE.
APPLICANT : RODGER FLAMING
CASE NO. : AV 90-5
WHEREAS, a verified application for an administra
variance for certain property to wit:
Parcel 1 of parcel map #2624, filed May 7,
1974 in the office of the County Recorder of
San Diego County
has been filed with the City of Carlsbad and referred to
Planning Commission; and
WHEREAS, the Planning Commission did on February 20,
hold a duly noticed public hearing as prescribed by law to cons
said application for Administrative Variance AV 90-5; and
WHEREAS,, the Planning Commission did on February 20,
after hearing and considering all the evidence and testimony of
people desiring to be heard adopted Resolution No. 3088 den
the appeal and affirmed the decision of the Planning Dire
denying the appeal; and
WHEREAS, the appellant appealed the decision of
Planning Commission to the City Council; and
WHEREAS, on May 14, 1991the City Council of the Cit
Carlsbad held a duly notice public hearing as prescribed by la
consider said appeal and at said hearing after consideration of
the evidence, testimony, argument of those persons present
desiring to be heard the City Council denied the appeal
directed the City Attorney to prepare documents which would
the appeal and uphold the Planning Commission's decision,
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NOW, THEREFORE, BE IT RESOLVED by the City Council of
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the findings and conditions of Planr
Commission in Resolutions No. 3088, attached as Exhibit A and n
a part hereof, constitute the findings and decision of the C
Council.
3. That the Planning Commission's denial of AV 90-5
hereby confirmed and the appeal of that decision is denied ba,
upon the facts set out in the Planning Department Staff Rep1
dated February 20, 1991, the evidence before the Plann
Commission, the evidence as set forth in City Council Agenda B
No. 11,144, and the testimony before the City Council all of whj
are incorporated herein by reference.
4. This action of denial is final the date tl
resolution is adopted by the City Council. The provision
Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits f
Judicial Review" shall apply:
I'NOTICE TO APPLICANT"
The time within which judicial review of
this decision must be sought is governed by
Code of Civil Procedure, Section 1094.6, which
has been made applicable in the City of
Carlsbad by Carlsbad Municipal Code Chapter
1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth
day following the date on which this decision become final; however, if within ten days
after the decision becomes final a request for the record of the proceedings accompanied by
the required deposit in an amount sufficient
to cover the estimated cost of preparation of
such record, the time within which such
petition may be filed in court is extended to
not later than the thirtieth day following the
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date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Elm Avenue,
Carlsbad, California 92008.11
PASSED, APPROVED AND ADOPTED at a Regular Meeting of
City Council of the City of Carlsbad on the 4th day of Jun
1991 by the following vote, to wit:
AYES : Council Members Lewis, Kulchin, Larson, and Nygaard
NOES : None
ABSENT: Council M
ATTEST :
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PLANNING COMMISSION RESOLUTION NO. 3088
A RESOLUTION OF THE PLANNING COMMISSION OF THE em OF
CARISBAD, MFORNfA, UPHOLDING THE PLANNING DIRECTOR'S DECISION TO DENY AN ADMINISTRATIVE VARIANCE TO ALLOW FOR A
FRONT YARD SETBACK OF 10.3' LOCATED AT 2815 WILSON STREET. CASE NAME: FLAMING
54" RETAINING WALL IN THE PUBLIC RIGHT-OF-WAY AND A REDUCED
CASE NO.: AV 90-5
WHEREAS, a verified application for certain propertyy to wit:
Parcel 1 of parcel map #2624, filed May 7,1974 in the office of the County
Recorder of San Diego County
has been filed with the City of Carlsbad, and referred to the Planning Commission
WHEREAS, said verified application constitutes a request as provided by Tit
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 20th day of Februaryy 1991,
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimonj
arguments, if any, of all persons desiring to be heard, said Commission considere
factors relating to AV 90-5.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission G
City of Carlsbad as follows:
A)
8) That based on the evidence presented at the public hearing, the Commi!
upholds the Planning Dkectois decision to deny AV 90-5, based on the follo
I
That the above recitations are true and correct.
findings:
Findings:
1. There are not exceptional or extraordinary circumstances or conditions applic to the property or to the intended use that do not apply generally to the c
property or class of use in the same vicinity and zone, because the subject pro1
is similar in shape and size to other developed properties in the vicinity and i:
topographically constrained.
EXHIBIT A
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2. The requested variance is not necessary for the preservation and enjoyment
substantial property right possessed by other properties in the same vicinity zone but which is denied to the property in question because the lot coni
sufficient areas that are suitable for buildings and placement of the e& dwelling does not preclude access to usable areas in the rear of the dwelling q
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plan
Commission of the City of Carlsbad, California, held on the 20th day of February, 1
by the following vote, to wit:
Chairperson Holmes, Commissioners: Schlehuber, Schra
McFadden, Erwin, Marcus & Hall.
AYES:
NOES: None.
ABSENT: None.
ABSTAIN: None.
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MICHAEL J. HOLA~ILLM I
PLANNING DIRECTOR
i
PC RES0 NO. 3088 -2-