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1993-053CITY OF ENCINITAS COMMUNITY DEVELOPMENT DEPARTMENT 505 So. Vulcan Avenue Encinitas, CA 92024 (619) 633-2710 NOTICE OF DECISION DCD-93-053 August 5, 1993 This letter is to inform you that the Director of Community Development has approved your application for: 93-127 V (Chinn/Albrecht) - Variance request is to allow an addition to an existing single family home to encroach 4 ft. into the required 20 ft. rear yard setback. Property is located at 187 Neptune Avenue in the RS-11 Zoning District. 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 project is in relation to the property's surroundings, in that two mature trees impact the development plans and the applicant's desire to add a garage/carport area, with additional living space above. The location of the entrance to the garage door is dictated by the presence of two trees of approximately 25 ft. in height, and approximately 40 yrs. of age. Policy 3.1 of the Resource Management Element of the General Plan states that mature trees of community significance cannot be removed without City authorization. This decision recognizes the subject trees as being significant to the community and thus worthy of preservation. The relocation of the full-sized carport outside of the rear yard setback would necessitate the removal of a significant tree. 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 1 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 applicant's Statement of Justification indicates that parking garages are enjoyed by approximately 70% of the surrounding properties. Due to the proposed location of the garage at the setback of 10 ft. from the street side property line, a garage door is not permitted by Engineering Policy which encourages minimum 20 ft parking area in front of a garage. This results in a parking condition which is not a special privilege, but actually is below the average parking provision for homes in the surrounding area. The addition will maintain the required street side yard setback of 10 ft., and therefore will not constitute a visual encroachment into the street-scape, and thus will continue to maintain the existing character of the neighborhood as viewed from the street. 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 RS-11 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: As stated above, to relocate the standard- sized garage/carport out of the rear yard setback would JK/93127V.DEC (8-4-93) 2 require the removal of a significant tree, and therefore is not a reasonable alternate development plan. 2. Conclusion: The inherent site conditions (with the existence of mature trees) induce the variance request. 3. Conclusion: The variance would not constitute a rezoning or other amendment to the zoning code since the continuation of a residential use would be consistent with the zoning code. 4. Conclusion: The variance would not legalize the maintenance of any public or private nuisance. The project is found to be exempt from Environmental Review, per CEQA Section 15301(e). This approval is based upon the following conditions. 1. The building permit applicable to the Variance shall conform to the application submitted to the City and dated received on July 8, 1993, and shall not be modified without prior city approval. Said application has been requested to be modified by the applicant (after consulting with the Engineering Dept.) such that the proposed garage/carport structure shall not utilize a garage door (to facilitate ingress and egress without blocking the sidewalk). 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 August 4, 1995, unless an extension is approved. 3. 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. 4. Permits or findings of exemption shall be obtained from the State Coastal Commission and any other applicable Government agencies. APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 5. Address numbers shall be clearly visible from the street fronting the structure. 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 displayed on this monument. JK/93127V.DEC (8-4-93) 3 6. Prior to the 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. 7. Smoke detectors shall be inspected by the Fire Department. 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. Patrick S. Murphy Community Development Director JK/93127V.DEC (8-4-93) 4