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
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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
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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
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