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HomeMy WebLinkAbout1986-09-03; Design Review Board; Resolution 081.. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DESIGN REVIEW BOARD RESOLUTION NO. 081 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MINOR REDEVELOPMENT PERMIT TO ALLOW THE REMODEL OF AN EXISTING FACADE AND EXPANSION INTO ADJOINING COMMERCIAL SPACE AT 201 OAK AVENUE. APPLICANT: 7-ELEVEN AND PEPI'S PIZZA CASE NO.: V-379 WHEREAS, a verified application has been filed with the City of Carlsbad and referred to the Design Review Board: and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Design Review Board did on the 3rd day of September, 1986, hold a public hearing to consider said application on property described as: That portion of Block 18 of Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 535 filed in the Office of the County Recorder of San Diego, May 2, 1888. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Board considered all factors relating to v-379. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review Board of the City of Carlsbad, as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Board recommends APPROVAL of V-379, based on the following findings and subject to the following conditions: //// //// //// .. # 1 2 3 4 8 9 10 11 12 13 14 15 16 17 le 19 2c 21 22 22 24 25 26 27 28 Findings: That there are exceptional or extraordinary circumstances or conditions applicable to the 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. There are physical constraints and practical difficulties unique to this site due to the existing building and street layout that inhibit compliance with the Parking Ordinance. That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question. As there is no typical use that could go into the vacant space and meet the parking requirements (there are three "unaccounted" spaces on site and 1300 square feet of leasable space) a variance is required to enjoy the commercial use of the property. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. The applicants are existing uses in an existing structure. The Oak Avenue frontage will be improved with curb, gutter, and sidewalk. The onsite circulation and parking will be enhanced. That the granting of the variance will not adversely affect the comprehensive General Plan as the use is in complete accord with the General Plan and the guidelines of the Village Design Manual. Conditions: 1) Approval is granted for RP 86-12, as shown on Exhibit "A", dated July 1, 1986 and Exhibits "B" - "E", dated May 20, 1986, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 2) All conditions approved for RP 86-12 shall be incorporated herein by reference. This variance shall run concurrently with RP 86-12. Should approval for RP 86-12 expire, then approval of V-379 shall expire at the same time. //// //// //// //// //// DRB qES0 NO. 081 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Design Review Board of the City of Carlsbad, California, held on the 3rd day of September, 1986, by the following vote, to wit: AYES : Commissioners, Rombotis , Hall, Holmes, And Schlehuber . NOES: None , ABSENT: None ABSTAIN :None EVIEW BOARD ATTEST: C CHRI SLSALOHONE - COMMUNITY REDEVELOPMENT MANAGER DRB RES0 NO. 081 -3 -