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2005-41 RESOLUTION NO. 2005-41 A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION DENYING A VARIANCE AND COASTAL DEVELOPMENT PERMIT FOR THE CONSTRUCTION OF A SECOND STORY ADDITION TO AN EXISTING TWO- STORY RESIDENCE THAT WOULD ENCROACH FIVE (5) FEET INTO THE REQUIRED 25-FOOT FRONT-YARD SETBACK, FOR THE PROPERTY LOCATED AT 129 CAMINO DE LAS FLORES (CASE NO. 05-110 V/CDP; APN: 259-420-05) WHEREAS, a request for consideration of a Variance and Coastal Development Permit was filed by Steven D. Weber, Architect on behalf of Noah and Mary Wieder to allow an addition to the second story of an existing two-story residence that would encroach five (5) feet into the required 25-foot front-yard setback, in accordance with Chapters 30.78 and 30.80 of the Encinitas Municipal Code, for the property located in the Residential 8 (R-8) zone and within the Coastal Zone, legally described as: LOT 33 OF ENCINITAS ESTATES UNIT NO. I IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO 7662, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 13, 1973. WHEREAS, the Planning Commission conducted a noticed public hearing on the application on October 20, 2005, at which time all those desiring to be heard were heard; and WHEREAS, the Planning Commission considered, without limitation: I. The October 20, 2005 agenda report to the Planning Commission with attachments; 2. The General Plan, Local Coastal Program, Municipal Code, and associated Land Use Maps; 3. Oral evidence submitted at the hearing; 4. Written evidence submitted at the hearing; 5. Project plans consisting of Site Plan, Floor Plans, and Elevations, all dated received by the City of Encinitas on June 20, 2005; and WHEREAS, the Planning Commission made the following findings pursuant to Chapter 30.78 of the Encinitas Municipal Code: (SEE ATTACHMENT nAn) PBD/KK/g:\Resolutionslrpc05-110.2005-41.doc - 1 - NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Encinitas hereby denies application 05-110 V/CDP. BE IT FURTHER RESOLVED that the Planning Commission, in its independent judgment, finds that this project is categorically exempt from environmental review pursuant to Section 15061 (b)(4) of the California Environmental Quality Act (CEQA) Guidelines. PASSED AND ADOPTED this 20th day of October, 2005, by the following vote, to wit: A YES: Avis, Bagg, Chapo, McCabe NAYS: Snow ABSENT: None ABSTAIN: None e hapo, Chair of the Planning Commission of the City of Encinitas ATTEST: ---:::1/ (' " ^ / . _-r-"':>I () u..J<...e_e' d.~~ r:- Patrick Murphy Secretary NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for legal challenges. PBD/KK/g:\Resolutionslrpc05-110.2005-41.doc - 2 - ATTACHMENT "A" Resolution No. PC 2005-41 Case No. 05-110 V/CDP FINDINGS FOR A VARIANCE STANDARD: Section 30.78.030 of the Encinitas Municipal Code provides that a variance may be granted only when, based upon the information presented in the application and during the Public Hearing, all of the following fmdings of fact can be made: 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 identical zoning classification. Facts: The applicant proposes to construct a 164 square foot addition to the second story of the existing two-story residence. The addition consists of enclosing the existing deck above the garage door and would encroach 5 feet into the 25-foot front-yard setback currently required by the subject Residential 8 (R-8) zone, resulting in a setback of 20 feet from the front property line. The new second-story area would be aligned vertically with the existing garage. Discussion: The subject property is consistent in area with many of the properties within the immediate neighborhood and within the R-8 Zone. Similar to the subject residence, most residences in the immediate area were constructed under a different setback standard than currently exists. Additions to any of the residences in the applicant's exhibit would be required to comply with current setback standards. There is ample area on the subject property within the building setbacks that could be utilized for additional residential living area. No special circumstance is applicable to the property that could be construed as depriving the applicant from constructing an addition to the existing residence in compliance with all setback requirements, as could be enjoyed by nearby properties. Because the property owners have the ability to construct and enjoy an addition in a manner that conforms to the development standards, no special circumstances apply to the property such that strict application of the zoning regulations would deprive the property owners of privileges enjoyed by other property in the vicinity and under identical zoning classification. Conclusion: The Planning Commission finds that there are no special circumstances applicable to the property and that the strict application of the zoning regulations does not deprive the property of any privilege enjoyed by other property in the vicinity and under identical zoning classification. 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. PBD/KKlg:\Resolutionslrpc05-110.2005-41.doc - 3 - Facts: The applicant proposes a second-story addition to an existing two-story residence. The addition would encroach five (5) feet into the required 25-foot front-yard setback. There is vacant area on the subject property within the setback area that could support an addition without requesting a variance. Discussion: Approval of the Variance request to allow the second-story addition to project into the front yard beyond the standard setback limits when ample area is available to construct an addition in compliance with all setbacks could be construed as the granting of a special privilege not enjoyed by other properties within the same vicinity and zone. Conclusion: The Planning Commission finds that granting of the requested variance would constitute a grant of special privileges inconsistent with the limitations upon other properties in the same vicinity and zone in which the property is situated, and that no conditions could be applied to the project such that granting of the variance would not constitute grant of a special privilege. 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. Facts/Discussion: The property currently enjoys the use of a single-family home and appurtenant structures and the proposed project is an addition to the main dwelling, all of which are permitted uses within the R-8 Zone when constructed in accordance with Municipal Code standards. Conclusion: The Planning Commission finds that granting of the variance would not authorize a use or activity not otherwise expressly authorized by the zoning regulations governing the parcel of property. D. No variance shall be granted if the inability to eJ:\ioy the privilege eJ:\ioyed 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. Facts: The applicant proposes a second-story addition to an existing two-story residence. The addition would encroach five (5) feet into the required 25-foot front-yard setback. There is vacant area on the subject property within the setback area that could support an' addition without requesting a variance. PBD/KK/g:\Resolutionslrpc05-l10.2005-4I.doc - 4- Discussion: There are feasible alternative development plans that would allow the applicant to enjoy the privilege of an addition to the existing single-family residence in compliance with all development standards. The existing layout and siting of the residence are the result of actions taken by a previous owner and therefore cannot be used as the basis for granting a variance. Granting the request for a variance would allow such a degree of variation as to constitute a rezoning or amendment to the zoning code, but would not authorize or legalize any nUisance. Conclusion: The Plarming Commission finds that the inability to enjoy the privilege enjoyed by other property in the vicinity and under identical zoning classification could be avoided by an alternative development plan and is self-induced as a result of actions of a previous property owner, and finds that granting the variance request would allow such a degree of variation as to constitute a rezoning or other amendment to the zoning code. PBD/KK/g:\Resolutionslrpc05-ll0.2005-4I.doc - 5 -