HomeMy WebLinkAbout1998-02-17; Housing & Redevelopment Commission; 296; Granting of Appeal for Rojas Variance4
HOUSING AW REDEVELOPMENT COMMIS=ilON- AGENDA BILL
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DEPT.HD. GRANTING OF APPEAL for Rojas Variance to TITLE: Waive Parking Requirement Required for Additions to
Existing Building and Refunding Appellants Appeal
Fees. CITY .GRa
KTION:
Adopt Resolution No. A’?’ Y granting the appeal for a variance (VAR 97-09)
to waive parking requirement required for additions to an existing building on the Rojas
property located at 2650 Roosevelt Street in the Village Redevelopment area, and to
refund appellant’s appeal fees.
ITEM EXPLANATION:
At its meeting of February 10, 1998, the Commission granted appellant’s appeal and
directed the City Attorney to prepare documents memorializing this decision. Those
documents are attached. The Commission should satisfy itself that the findings and
conditions accurately reflect its intentions.
FISCAL IMPACT:
Other than expenditure of staff time, there is no fiscal impact from this decision.
EXHIBITS:
1. Resolution No. 29 4
- . REQUEST FOR REFUND
Account No. 00132104813 vendor No.
Amount of Refund $120.00 Fee Paid For: ADDeal - m 97-09
Date Fee Paid: 12/29/97 Fee Paid By: Sara Rojas
Facts Supporting Request: The Housing and Redevelopment Commission granted the
and approved RP 97-09 by Resolution No. 294 on 2/17/98. The appeal fee
therefore, should be refunded.
Name of Applicant: Robert & Sara Roias
Address: 2650 Roosevelt St. Carlsbad, CA 92008 (760) 729-1724
Street City State Zip Telephone
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RESOLUTION NO. 294
A RESOLUTION OF THE HOUSING AND
REDEVELOPMENT COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA GRANTING APPELLANTS
APPEAL FOR A VARIANCE TO WAIVE PARKING
REQUIREMENT REQUIRED FOR ADDITIONS TO
EXISTING BUILDING AND REFUNDING APPELLANTS
APPEAL FEES.
APPLICANT: ROJAS
CASE NO. VAR 97-09
WHEREAS, a verified application for a variance to waive the parking
requirement for certain property to wit:
2650 Roosevelt Street in the Village Redevelopment Zone/Land Use
District 8.
has been filed with the City of Carlsbad and referred to the Design Review Board; and
WHEREAS, the Design Review Board did on December 22, 1997 hold a
duly noticed public hearing as prescribed by law to consider said request for Variance 97-
09 to waive the parking requirement for an addition to an existing building in the
Redevelopment Area, and;
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of persons desiring to be heard, and considering all
factors relating to Variance 97-09, said Board voted unanimously to deny the request for
Variance, and
WHEREAS, the Appellant timely appealed the decision of the Design
Review Board on December 29,1997; and
WHEREAS, on February 10, 1998, the Housing and Redevelopment
Commission of the City of Carlsbad held a duly noticed public hearing as prescribed by
law to consider said appeal and at which time the Commission considered all arguments
and evidence concerning the appeal; and
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WHEREAS, at said public hearing, the Commission found that there were
special circumstances for this lot because of its narrow configuration and the lack of a
suitable building site for a garage and because the 200 square foot addition was within
the existing footprint of the existing building and that this particular addition would reflect
in minimal additional parking demand; and
WHEREAS, at said public hearing, the Commission after consideration of
all the evidence, testimony, arguments of those persons present and desiring to be heard,
the Commission granted the appeal of Appellant for Variance 97-09, for a 200 square foot
room addition.
NOW, THEREFORE, BE IT RESOLVED by the Housing and
Redevelopment Commission of the City of Carlsbad, California, as follows:
1. That the foregoing recitations are true and correct.
2.. That the appeal of appellant for a variance to waive the parking
requirement required for additions to an existing building located at 2650’ Roosevelt Street
is granted.
3. That appellant’s appeals fees are refunded.
4. This action is final upon the date this resolution is adopted by the
Housing and Redevelopment Commission. The provision of Chapter 1 .I6 of the
Carlsbad Municipal Code, “Time Limits for Judicial Review” shall apply:
“NOTICE TO APPLICANT”
“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 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;
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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.”
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
Housing and Redevelopment Commission of the City of Carlsbad on the lTth day of
10 February 1998, by the following vote, to wit:
11 AYES: Commissioners Lewis, Finnila, Nygaard, Kulchin c Hall
12 NOES: Non=
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ABSENT: None
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HOUSING AND REDEVELOPMENT COMMISSION
ATTEST:
COMMISSION
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March 16,1998
Robert & Sara Rojas
2650 Roosevelt Street
Carlsbad, CA 92008
RE: VARIANCE NUMBER VAR 97-09
Enclosed for your files are copies of the Housing & Redevelopment Commission
agenda bill and resolution which granted your appeal for the above referenced variance
to waive parking requirements.
If you have any questions regarding the specifics of this appeal, please call our Housing
& Redevelopment Department at (760) 434-2810.
KATHLEEN D. SHOUP
Sr. Cffice Specialist
1200 Carlsbad Village Drive l Carlsbad, California 92008-l 989 - (760) 434-2808 @