1994-039CITY OF ENCINITAS
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(619) 633-2710
NOTICE OF DECISION
DCD-94-039
July 8, 1994
This letter is to inform you that the Director of Community
Development has approved your application for:
94-082 V (Lloyd / Davis) - Minor Variance request to allow a
single family dwelling to encroach 2 ft. into each of the
required 10 ft. side yards in the R-5 Zoning District. Property
location is 1321 Belleview Ave. (APN 260-052-15).
Project Description and Discussion:
The project site currently contains a single family dwelling which is
to be moved from the project site. The subject R-5 Zone specifies
side-yard setbacks of 10 ft.; the applicant proposes a encroachment of
2 ft., for a total setback of 8 ft. on both the north and south sides
of the lot. The proposed single family dwelling and detached garage
conform with all other development standards.
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 R-5 Zone specifies a minimum lot size of
8,700 sq. ft., with minimum standard dimensions of 100 ft.
(depth) and 70 ft. (width).
The subject property is approximately 4,500 sq. ft. in size,
with a lot depth of approximately 100 ft. and a lot width of
45 ft. These conditions are substandard for the R5 zone
(which carries a 70 ft. minimum lot width) and constitute a
significant development restriction. The imposition of two
10 ft. side yards would result in a restrictive, atypically
narrow building envelope of 25 ft. in width.
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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: There are numerous other properties in the
surrounding area which utilize side yard setbacks with at
least one of the two sides at less than the 10 ft. standard,
and therefore the requested encroachment into the side yard
setback would be consistent with the surrounding area and
would not constitute a grant of special privileges.
Additionally, the grant of this variance is consistent with
the approval of the variance for the property to the
immediate north.
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 R-5 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:
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: Given the shape and size of the existing
property, with a 25 ft. wide building envelope, there is no
reasonable alternate development plan to achieve a
reasonable floor plan for the applicant.
JK/94082V.DEC (7-7-94) 2
2. Conclusion: The inherent site conditions / lot size and
width preclude any reasonable alternate development plan
which are not the result of an action taken by the applicant
or the applicant's predecessor.
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,.per
CEQA Section 15303 (a).
This approval is based upon the following conditions.
1. The applicant proposes a two-story, flat-roof structure with a
roof-deck. The maximum height of such a structure is 22 ft. from
grade, with deck railing permitted an additional 4 ft. Any deck
railing structures above 22 ft. are limited to "open" type
tubular construction. No other roof elements or massing are
permitted above this 22 ft. height limits. Building plans shall
be modified to reflect this to the satisfaction of the Community
Development Department prior to the issuance of building permits.
2. The proposed second-story deck is limited to a 3 ft.
encroachment into the 10 ft. setback, for a total required
setback of 7 ft.
3. The building permit applicable for the Variance shall conform to
the application submitted to the City and dated received on June
1, 1994 (with the exception of conditions 1 & 2 above), and shall
not be modified without prior city approval.
4. This Variance approval shall be valid for two years after the
date of this approval. A building permit application must be
submitted prior to July 7, 1996, unless an extension is approved.
5. Prior to the issuance of a building permit for the residential
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.
6. Permits or findings of exemption shall be obtained from the State
Coastal Commission and any other applicable Government agencies.
JK/94082V.DEC (7-7-94) 3
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
7. Address numbers shall be clearly visible from the street fronting
the structure. The height of the numbers shall be to Fire
District standards. Where structures are located off a roadway
on long driveways, a monument shall be placed at the entrance
where the driveway intersects the main roadway. Permanent
address numbers shall be affixed to this monument.
8. Structures shall be protected by an automatic fire sprinkler
system to the satisfaction of the Fire District.
9. Prior to issuance of building permits, the applicant shall submit
a letter from the Fire District stating that all development
impact, plan check and/or cost recovery fees have been paid or
secured to the satisfaction of the District.
10. Smoke detectors shall be installed per Fire Department
requirements and shall be inspected by the Fire Department.
APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT REGARDING'
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
11. The developer shall execute and record a covenant with the County
Recorder agreeing not to oppose the formation of an assessment
district to fund the installation of right-of-way improvements.
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
JK/94082V.DEC (7-7-94) 4