HomeMy WebLinkAbout1998-10-06; City Council; Resolution 98-3224
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RESOLUTION NO. 98-322
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE APPELLANT’S
APPEAL AND OVERTURNING THE PLANNING COMMISSION’S
DENIAL OF A BUILDING HEIGHT VARIANCE ON PROPERTY
GENERALLY LOCATED AT THE NORTHWEST CORNER OF
CARLSBAD VILLAGE DRIVE AND HIGHLAND DRIVE IN THE
NORTHWEST QUADRANT.
CASE NAME: NESSIM RESIDENCE
CASE NO.: V 98-01
WHEREAS, the Planning Commission did, on May 6, 1998, hold a duly noticed
public hearing as prescribed by law to consider said application for a Variance; and
WHEREAS, on May 6, 1998, the Carlsbad Planning Commission did, after
hearing and considering all evidence and testimony of all people desiring to be heard, adopt
Resolution No. 4286, denying a Variance (V 98-01) for additional building height in the R-I
zone; and
WHEREAS, appeal of this denial was timely filed on May 15, 1998; and
WHEREAS, on the 28th day of July, 1998, the City Council of the City of
Carlsbad, held a duly noticed public hearing as prescribed by law to consider said appeal of the
Planning Commission decision; and
WHEREAS, upon considering the request, the City Council considered all factors
relating to the appeal; and
WHEREAS, upon considering all the evidence, testimony and arguments of
those persons present and desiring to be heard, the City Council approved the appeal and
overturned the Planning Commission’s decision.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That there are exceptional or extraordinary circumstances or conditions
applicable to the subject 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 there is an existing three story
structure on the property; the property is constrained by slopes and a previous road
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condemnation; and the property is located in a transitional zoning area between professional,
commercial, and other non-residential uses and the neighboring single family residences.
3. That the requested variance is necessary for the preservation and
enjoyment of a substantial property right possessed by other property in the same vicini.ty and
zone but which is denied to the property in question, in that without the variance, the appellant
would lose the right to modernize, improve and expand the livable portion of the home, as has
been allowed with other residential property in the northwest quadrant.
4. That the granting of the variance would not be materially detrimental to
the public welfare or injurious to the property or improvements in the vicinity and zone in which
the property is located, in that allowing the completion of the renovations would benefit the
public, improve the property and be a visual enhancement to the neighborhood.
5. That the granting of the variance will not adversely affect the General
Pian, in that the three story expansion preserves the integrity of the existing architecture and
enables expansion of the property, through sensitive design, without damaging neighborhood
aesthetics or obstructing public views.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 6th day of October 1998, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, and Hall
NOES: None
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk \
(SEAL)
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