HomeMy WebLinkAbout2004-08-17; City Council; Resolution 2004-280RESOLUTION NO. 2004-280
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, GRANTING THE APPEAL OF
THE PLANNING COMMISSION DENIAL OF
ON PROPERTY GENERALLY LOCATED AT 5019 TIERRA
DEL OR0 STREET IN LOCAL FACILITIES MANAGEMENT
ZONE 3
CASE NAME: CASA DI MARE
ADMINISTRATIVE VARIANCE AV 04-03, AS REQUESTED,
CASE NO: AV 04-03
WHEREAS, the appeal of the Casa di Mare Administrative Variance AV
04-03 timely filed July 8, 2004 came on regularly for hearing before the City Council on
Tuesday, August IO, 2004; and
WHEREAS, Ted Viola, “Developer,” has filed a verified application with
the City of Carlsbad regarding property owned by David W. Valentine, Successor
Trustee of the Edward L. Valentine and Muriel H. Valentine Inter Vivos trust dated May
4, 1990, “Owner,” described as
Lot 14 of Tierra del Oro, in the City of Carlsbad, County of San
Diego, State of California, according to Map thereof No. 3052,
filed in the Office of the County Recorder of San Diego County,
February 4, 1954
(“the Property”); and
WHEREAS, said application constitutes a request to modify
conditions of approval of AV 04-03 requiring redesign of the project to observe a
ten foot, rather than six foot, front yard setback for the garage and architectural
columns; and
WHEREAS, said verified application constitutes an appeal of an
Administrative Variance as shown on Exhibits “A” - “G” dated July 7, 2004, on
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file in the Carlsbad Planning Department, AV 04-03 - Casa di Mare provided by
Chapter 21 50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 7th day of July,
2004, hold a duly noticed public hearing as prescribed by law to consider said
request; and
WHEREAS, at said public hearing, upon hearing and considering
all testimony and arguments, if any, of all persons desiring to be heard, said
Commission considered all factors relating to the Variance,
WHEREAS, after due and careful deliberation the City Council of the City
of Carlsbad, resolves as follows:
NOW, THEREFORE, the City Council of the City of Carlsbad, California,
grants the appeal upon the following conditions:
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That the foregoing recitations are true and correct.
That based on the evidence at the public hearing, the City Council
grants the appeal and approves Administrative Variance 04-03 - Casa di Mare, as
requested, based on the following findings:
a. That there are special circumstances that apply to the subject
property in that it is located on a beach bluff requiring sensitivity in design and due
regard for environmental protection and the appellant has completed those designs in
an environmentally sensitive manner so as to reduce or minimize the impacts on the
sensitive bluffs.
b. That the variance is necessary for the preservation and
enjoyment of a substantial right possessed by other properties in the same vicinity and
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zone since there are similar properties in the neighborhood which have, in fact,
received similar treatment and granting of this appeal would result in a structure which
is compatible with the surrounding neighborhood.
c. That the granting of this variance will not be materially
detrimental to the public welfare or injurious to the property or improvements in such
neighborhood and zone in which the property is located and the Council finds that the
appellant has presented engineering and architectural designs within the variance area
which will result in an architecturally compatible and superior project.
d. The granting of such variance will not adversely affect the
comprehensive General Plan because the proposed use is a single-family zone which
is consistent with the RLM - Residential Low-Medium Density designation and no
circulation impacts will result.
e. That the appellant’s appeals fees are refunded.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for
convenience as “fees/exactions.”
You have 90 days from date of approval to protest imposition of these fees/exactions.
If you protest them, you must follow the protest procedure set forth in Government
Code Section 66020(a), and file the protest and any other required information with the
City Manager for processing in accordance with Carlsbad Municipal Code Section
3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to
attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified
feedexactions DOES NOT APPLY to water and sewer connection fees and capacity
charges, nor planning, zoning, grading or other similar application processing or service
fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of
which you have previously been given a NOTICE similar to this, or as to which the
statute of limitations has previously otherwise expired.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad held on the 17th day of Auaust , 2004
by the following vote, to wit:
AYES: Council Members Lewis, Finilla, Hall and Packard.
NOES: None
ABSENT: Council
LOwAIbdE M. WOOD, City Clerk
(SEAL)
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