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1991-22RESOLUTION NO. PC91-22 A RESOLUTION OF THE PLANNING COMMISSION DENYING A VARIANCEv FOR BOTH UNITS OF AN EXISTING DUPLEX TO BE REMODELED AND EXPANDED TO INCLUDE: A i FT ENCROACHMENT INTO THE SOUTH SIDE YARD, A 2 FT ENCROACHMENT INTO THE FRONT YARD, TO EXCEED THE STANDARD 26 FT HEIGHT ENVELOPE, AND TO EXCEED THE MAXIMUMFLOOR AREA RATIOAND LOT COVERAGE, AND TO WAIVE THE REGULATIONS OF SECTION 30.76.120 OF THE ENCINITAS MUNICIPAL CODE (AFFORDABILITY AND INTENSITY) FOR PROPERTY LOCATED AT 734 AND 736 DEWITT STREET (CASE NUMBER 90-278 DR/V) WHEREAS, a request for consideration of a Variance, Design Review, and authority to exceed the standard height envelope was filed by Mr. Paul Basten for both units of an existing duplex to be remodeled and expanded which include: A 1 ft encroachment into the south 5 ft required side yard; a 2 ft encroachment to the 20 ft required front yard; to exceed the 26 ft standard height envelope to a maximum 29'8" above the lower of existing or proposed grade; to exceed the maximum Floor Area Ratio and lot coverage; and to waive the regulations of Section 30.76.120 of the Encinitas Municipal Code which requires that a second unit of a nonconforming duplex which is expanded be provided for low and very low income households, and that an increase in the number of bedrooms shall be considered an increase in intensity of the nonconformity per Chapters 30.16, 30.76, 30.78, and 23.08 of the City of Encinitas Municipal Code, for the property located at 734 and 736 Dewitt street, legally described as: Lot 5, Block "A" East Block 7 of Sturges and Rattan's Subdivision in Encinitas, in the County of San Diego, State of California, according to the Map thereof No. 33, filed in the Office of the County Recorder of San Diego County on March 19, 1887. WHEREAS, public hearings were conducted on the application by the Old Encinitas Community Advisory Board on February 14, 1991, March 28, 1991, and approved 3-0 with Board Member Cartwright abstaining on April 11, 1991; WHEREAS, an Administrative Hearing was conducted on the application by the Planning Commission on June 13, 1991, and those persons submitting a request to speak as required by Chapter 1.12 Appeals, of the Municipal Code were heard; WHEREAS, the Planning Commission considered: 1. The staff reports dated February 8, 1991, March 20, 1991, April 5, 1991, April 16, 1991, May 7, 1991 and June 6, 1991; 2. The application, site plan~ elevations, and sight line study dated received December 17, 1990, and revisions dated received April 2, 1991 submitted by the applicant; 3. Original Statement of Justification, additional letter dated 90278DRV.REl~6-6-91 1 January 9, 1991, letter dated received March 21, 1991, letter dated received April 4, 1991, letter dated May 9, 1991, and final letter dated received June 5, 1991 submitted by the applicant; 4. Resolution No. OE91-06; Chronology of events for Case No. 90-278 DR/V $. Appeal dated April 26, 1991 7. Oral evidence submitted at the hearings; 8. Written evidence submitted at the hearings; and 9. Letter from neighbor Rick Kleinsasser dated received January 17, 1991 regarding possible precedents an approval may have on the neighborhood; 10. Letter from neighbor Madeline Foster dated received March 28, 1991 regarding possible view impacts; WHEREAS, the Planning Commission made the following findings pursuant to Chapter 30.78 of the Encinitas Municipal Code: (SEE ATTACHMENT "A") NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Encinitas that application 90-278 DR/V is hereby denied. PASSED AND ADOPTED following vote, to wit: AYES: Bagg, Dean, Stumpf NAYS: Rotsheck, Lanham ABSENT: None ABSTAIN: None this 13th day of June, 1991, by the Lester Bagg, Chairman of the City of Encinitas Planning Commission ATTEST: Patrick S. Murphy Director of Community Development 90278DRV.REl~6-6-91 2 ATTACHMENT RESOLUTION NO. PC91-22 FINDINGS FOR A VARIANCE Findings: (Code Section, Factual Circumstances, Reasoning, Conclusion) What follows are the findings of fact the Commission must make to approve the variance request pursuant to Zoning Ordinance Section 30.78.030: A. A variance from the terms of the zoning regulations shall be granted only when, because of the special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning regulations deprives such property of privileges enjoyed by other property in the vicinity and under the same zoning classification. Evidence: The Commission finds that no special circumstances are applicable to this lot which warrant a waiver from the affordable unit regulations of Chapter 30.76.120 of the Municipal Code which would require the applicant to provide one unit for low and very low income households if it were to be remodeled and expanded. The Commission finds that the variance findings of high land costs and lack of other affordable units in the neighborhood are not unique to the site and cannot be justified since they could be made throughout the Coastal Zone. B. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the same vicinity and zone in which property is situated. Evidence: The Commission finds that special privileges will be granted the applicant with the approval of this variance since other property owners with nonconforming uses under the same zoning classification are not permitted to expand. C. A variance will not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property. The provisions of this section shall not apply to use permits. MN/90-278DR/V 3 Evidence: Duplex residential uses are permitted in the R-ii zone, however, the expansion of both units of a nonconforming use is not permitted. D. No variance shall be granted if the inability to enjoy the privilege enjoyed by other property in the vicinity and under identical zoning classification: 1. Could be avoided by an alternate development plan which would be of less significant impact to the site and adjacent properties than the project requiring a variance; 2. Is self-induced as a result of an action taken by the property owner or the owner's predecessor; 3. Would allow such a degree of variation as to constitute a rezoning or other amendment to the zoning code; 4. Would authorize or legalize the maintenance of any public or private nuisance. Evidence: The Commission finds that an alternate development plan which will not expand the second unit of the nonconforming duplex is possible and it will be less impacting to the site. The Commission also finds that the project is self induced since the second unit could be remodeled without expansion. In addition, the expansion of the nonconforming duplex would constitute a rezone or amendment to the Zoning Code since all other property owners are permitted only a single family home on a lot smaller than 7,900 sq ft in the R-11 zone. MN/90-278DR/V 4