1993-083CITY OF ENCINITAS
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(619) 633-2710
NOTICE OF DECISION
DCD-93-083
December 2, 1993
This letter is to inform you that the Director of Community
Development has approved your application for:
93-216 V (Stahl) - Variance request to allow a garage addition
to encroach 5 ft. into a 25 ft. rear yard setback for an
existing single family home in the R-8 zoning District.
Property location is 1665 Glasgow Avenue (APN 260-301-16).
Project Discussion:
The applicant proposes to construct a garage addition of
approximately 280 sq. ft., attached to the rear of the existing
residence. The addition would be located in place of a previously
existing patio cover, and would encroach 5 ft. into a required 25
ft. rear yard setback. The addition would be attached to an
existing garage, which is proposed to be converted to living space.
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 proposed location for the garage is
determined to be the only practical location due to the
existing site conditions. Locating the garage in the
front yard area would require a variance (and would not
be aesthetically desirable). Locating the garage
elsewhere in the rear yard (thereby avoiding the need for
a variance) would negatively impact the yard
aesthetically and functionally, and, since the garage
would then become visible from the street, would be less
desirable in terms of overall project design.
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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: Garages are typical accessory units with
single family homes. Garages are common in the project
vicinity. Additionally, the proposed garage will not be
visible 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 R-8 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 configuration of the existing
development, there is no reasonable alternate development
plan because locating the garage in the front yard area
or elsewhere in the rear yard would negatively impact
overall project design and would diminish the usefulness
of the rear yard.
2. Conclusion: The inherent site conditions and
development preclude any alternate development plan.
JK/93216V.DEC (12-2-93) 2
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
October 21, 1993, 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 December 2, 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. 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.
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.
JK/93216V.DEC (12-2-93) 3
If you have any questions regarding this determination, please
contact Jim Kennedy at the Community Development Department by
telephoning (619) 633-2715.
Patri k S. Murphy
Community Development Director
JK/93216V.DEC (12-2-93)