1995-073CITY OF ENCINITAS
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(619) 633-2710
NOTICE OF DECISION
DCD-95-073
November 1, 1995
This letter is to inform you that the Director of Community Development has approved your
application for:
95-265 V (Keith) - Minor Variance request to allow an addition to an existing single family
dwelling to encroach 5 ft. into the required 30 ft. front yard setback, for property located at 620
Cole Ranch Road (APN 265-353-05).
Project Description and Discussion:
The request seeks a variance from the standard setback requirements to allow an addition to an
existing single family dwelling to encroach 5 ft. into the required 30 ft. front yard setback in the RR-2
Zone. The property owner proposes to extend by three feet an existing building wall which
encroaches 5 ft. into the front yard setback, for an addition to an existing attached garage.
Community Development Department staff supports the variance request since the project consists of
a three ft. extension of an existing building wall on a dwelling which was originally built in
conformance with development standards, and since a study of an aerial photograph has demonstrated
that numerous structures in the vicinity have similar or greater encroachments. The project would not
result in an increased encroachment into the setback and would not constitute a grant of special
privileges given the demonstrated development pattern in the area.
The project complies with all other development standards, such as lot coverage, building height, and
total garage area.
Adjacent property owners were notified as per Municipal Code requirements and no comments were
received.
A zoning history search revealed no past discretionary actions on the subject property.
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This approval is based upon the following findings pursuant to section 30.78 of the City of Encinitas
Municipal Code:
A. In reference to Municipal Code 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.
Conclusion: The special circumstance applicable to the property is that current
development standards have rendered the structure nonconforming. The structure was
built in a legal-conforming manner with no encroachments. Currently, the easterly 5 ft.
of the garage of the home projects into the front yard setback. The encroachment
consists of an addition to an existing building wall, extending an existing 5 ft.
encroachment for a total of 3 linear ft. The applicant has stated that an addition to this
garage, if built in conformance with setbacks, would have an off-set which would
create an odd appearance and would limit the utility of the space.
B. In reference to Municipal Code Section 30.78.024 (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.
Conclusion: The variance will not constitute a grant of special privileges since the
project will allow an addition to a single family home which would not be out of
character with the neighborhood. or authorize an encroachment greater than many
homes in the area, as documented in an aerial photo study conducted by staff.
Numerous buildings in the area have similar. or greater encroachments, and this
variance approval authorizes no increased encroachment but authorizes the
continuation of an existing building wall for a total of three linear feet. The total
building mass encroaching into the front yard setback with the project is 15 sq. ft.
C. In reference to Municipal Code Section 30.78.024 (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.
Conclusion: The proposed residential use will be consistent with the existing RR-2
Zoning.
D. In reference to Municipal Code Section 30.78.024 (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:
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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.
1. Conclusion: The. project consists of an addition to an existing attached garage with a
total encroachment into the front yard setback of 15 sq. ft., which, if built in
conformance with development standards, would have an off-set which would create
a peculiar appearance and would limit the utility of the space, i.e. the applicant is
precluded by current development standards from constructing a normal garage
addition. Therefore it is determined that the proposed encroachment is
considered minor in nature and has no reasonable alternative development plan.
2. Conclusion: The existing site conditions induce the variance request given that the
existing building wall was established as a legal-conforming part of the dwelling, and
the project consists of an extension to that existing building wall as the only logical
addition of space to the garage, for a total addition of three linear feet.
3. Conclusion: The variance would not constitute a rezoning or other amendment to the
zoning code since the residential use would be.consistent with the zoning code.
4. Conclusion: The variance would not legalize the maintenance of any public or private
nuisance.
E. The project is found to be exempt from Environmental Review, as per CEQA Section 15301
(e).
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This approval is based upon the following conditions.
1. The building permit applicable for the Variance shall conform to the application submitted to
the City and dated received on October 9, 1995, and shall not be modified without prior City
approval.
2. This Variance approval shall be valid for two years after the date of this approval. A building
permit application must be submitted prior to November 1, 1997, unless an extension is
approved.
3. Prior to the issuance of a building permit for the structure, the applicant shall cause to be
recorded a covenant regarding real property which sets forth this grant of approval. The
covenant shall be in form and content satisfactory to the Director of Community Development.
In accordance with the provisions of the Municipal Code, this decision may be appealed to the City
Council within fifteen (15) calendar days of the date of this determination. This notice constitutes a
decision of the Community Development Department only. Additional permits, including Building
Permits, may be required by the Building Department or other City Departments, or other agencies. It
is the property owner's responsibility to obtain all necessary permits required for the type of project
proposed.
If you have any questions regarding this determination, please contact Jim Kennedy at the Community
Development Department by telephoning (619) 633-2715.
Sandra Holder
Community Development Director
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