HomeMy WebLinkAbout1993-12-07; City Council; Resolution 93-3231
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RESOLUTION NO. 93-323
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA GRANTING AN APPEAL AND APPROVING THE ADMINISTRATIVE VARIANCE TO ALLOW FOR A REDUCED SIDEYARD SETBACK FROM THE REQUIRED 8 FEET TO 2 FEET FOR A STORAGE STRUCTURE ON PROPERTY LOCATED AT 3317 CADENCIA STREET APPLICANT: HILL CASE NO: AV 91-12 (A)
WHEREAS, a verified application for an administ]
variance to allow for a reduced sideyard setback from the rec
8 feet to 2 feet for a storage structure on property locat
3317 Cadencia Street and described as:
‘#Lot 309 of Carlsbad Tract 72-20 Unit No. 3 (APN 223-212-03) City of Carlsbad, County of San Diego, State of Ca1ifornia.I’
has been filed with the City of Carlsbad and referred t
Planning Commission; and
WHEREAS, the Planning Commission did on April 21
hold a duly noticed public hearing as prescribed by law to co:
said application for Administrative Variance AV 91-12(A); a’
WHEREAS, the Planning Commission did on April 21
after hearing and considering all the evidence and testimony
people desiring to be heard adopted Resolution No. 3511 uph
the Planning Director’s denial of AV 91-12(A); and
WHEREAS, the applicant appealed Planning Comm
Resolution No. 3511 to the City Council; and
WHEREAS, on November 16, 1993 the City Council
City of Carlsbad held a duly noticed public hearing as pres
to consider said appeal and at said hearing after considerat
i all the evidence, testimony, and argument of those persons J
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and desiring to be heard the City Council approved
Administrative Variance AV 91-12(A) 90-2 and directed the
Attorney to prepare documents which would grant the appeal;
WHEREAS, there are exceptional and extraorc
circumstances and conditions applicable to the property sir
has been flooded approximately 15 times since it was construcl
1978. The property owner has attempted to remedy this sit1
without success until a roof was constructed over a slab ex
from the residence into the required yard setback. This
reduced the amount of water flowing onto the slab and ma]
reduced the hydrostatic pressure preventing ground water
intruding into the sunken living room of the residence. :
testimony indicated that the lot on which this residen
situated has experienced and continues to experience grounc
problems. Other solutions including the installation of ret
walls, drain pipes, french drains and weather proofing the
been unsuccessful in eliminating the drainage problem. The C
finds that this represents an extraordinary and excep
situation which is not present in the neighborhood in general
Council further finds that there is no testimony indicatin
granting of the variance would deprive nearby residents
light, heat, air or open space and that adequate em€
vehicular access can be provided.
WHEREAS, The Council further finds that the der
this variance would deprive the property owners of the enjoy
a substantial property right possessed by other properties :
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neighborhood since it would require the property owners
continually subjected to flooding during the rainy season an
this solution has proven effective.
WHEREAS, nonetheless the Council further finds, th
property owner proceeded without the necessary and proper p
and in spite of the fact that they would be required fc
project .
NOW, THEREFORE, BE IT RESOLVED by the City Council
City of Carlsbad, California, as follows:
1. That the foregoing recitations are true and cc
2. That based upon the evidence presented at the
hearing, including all testimony and documents including
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granted for the location of the storage structure attache Ow8
testimony, the appeal is granted and the administrative variz
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Q0-2 permits, including building permits, and that double fc >2% 17 60
15 single family residence located at 3317 Cadencia Strec 9 OnL I qi <>aq zwo)
ozJ? 16 provided that the property owner obtain all necessary and
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assessed according to law; and
3. Appeals fees shall not be refunded.
4. This action is final the date this resolut
adopted by the City Council. The provision of Chapter 1.16
Carlsbad Municipal Code, "Time Limits for Judicial Review'
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apply:
"NOTICE TO APPLICANT''
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#'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
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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 becomes 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 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 Carlsbad Village
Drive, Carlsbad, California 92008.1'
PASSED, APPROVED AND ADOPTED at a Regular Meeting 1
City Council of the City of Carlsbad on the 7th day of 2
1993, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Nygaard, Finnila
NOES: Council Member Stanton
ABSENT : None
ATTEST:
/- fl. r Y& YL z, city Clerk
nt City Clerk
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