HomeMy WebLinkAbout1997-12-22; Design Review Board; Resolution 2611
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DESIGN REVIEW BOARD RESOLUTION NO. 261
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE
CITY OF CARLSBAD, CALIFORNIA, TO DENY A REQUEST
FOR VARIANCE TO WAIVE THE PARKING REQUIREMENT
REQUIRED FOR ADDITIONS TO EXISTING BUILDINGS IN
THE VILLAGE REDEVELOPMENT AREA FOR A 202 SQUARE
FOOT ROOM ADDITION TO A SINGLE FAMILY HOME A
PROPERTY LOCATED AT 2650 ROOSEVELT STREET IN THE
VILLAGE REDEVELOPMENT ZONEILAND USE DISTRICT 8
CASE NAME: ROJAS PARKING VARIANCE
APN: 203-102-25
CASE NO: VAR 97-09
WHEREAS, Ideal Construction, “Applicant” has filed a verified application
with the Housing and Redevelopment Agency of the City of Carlsbad regarding property
owned by Roberto Rojas, “Owners”, described as that portion of Lot 41 of Seaside Lands, in
the City of Carlsbad, County of San Diego, State of California, as per Map 1722, filed in the
Office of the County Recorder of San Diego County, July 28, 1921 (“the property); and
WHEREAS, said application constitutes a request for a Variance as shown on
Exhibit A, dated November 24, 1997 on file in the Housing and Redevelopment Department,
Rojas Parking Variance Project VAR 97- 09 as provided by Chapter 21.35 of the Carlsbad
Municipal Code; and
WHEREAS, the Design Review Board did, on the 22nd day of December,
1997, 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 persons desiring to be heard, said Board considered all factors
relating to Variance 97-09.
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DRB RES0 NO. 261
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NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as
follows :
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Design
Review Board hereby DENIES the request for Variance, Rojas Parking
Variance, VAR 97-09, based on the following findings:
GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS:
1. The Project qualifies as a Variance under Chapter 21.35 of the Carlsbad
Municipal Code because the project involves a request to waive the
requirement to provide the required parking for an addition to an existing
building.
2. The Project does not meet the findings required to grant a variance due to:
a) There are not exceptional or extraordinary circumstances or conditions
applicable to the property or the intended use that do not apply generally to
the other property or class of use in the same vicinity and zone. Due to the
configuration of the site and property ownership, the project is able to
provide the required two-car garage that is required for all additions to
existing buildings.
b) The variance is not 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. The imposition
of the requirement to provide a two-car garage applicant will not preclude
the applicant from enjoying the same preservation and enjoyment of the
property as currently exists.
c) The granting of such a variance will 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. A goal of the Carlsbad Village
Master Plan & Design Guidelines is to establish the Village area as a
quality living environment through the improvement in the condition and
appearance of the existing housing stock. Failure to comply with the
requirements of the Master Plan will hinder the community in meeting this
goal and in turn will be detrimental to the public welfare.
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DRB RES0 NO. 261
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d) The granting of such variance will adversely affect the comprehensive
General Plan. The Carlsbad Village Master Plan and Design Guidelines
was adopted to implement the goals and objectives of the General Plan.
Failure to comply with the requirements of the Master Plan is a failure to
comply with the General Plan and therefore, will adversely affect said
General Plan.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design
Review Board of the City of Carlsbad, California, held on the 22"d day of December, 1997, by
the following vote to wit:
AYES:
NOES :
ABSENT:
ABSTAIN:
None.
Chairperson Welshons, Board Members: Compas, Marquez,
and Scheer.
Board Member Savary.
None.
KIM WELSHONS, CHAIRPERSON
DESIGN REVIEW BOARD
ATTEST:
n
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DEBORAH K. FOUNTAIN
Acting Housing and Redevelopment Director
DRB RESO. NO. 261
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