Loading...
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. 1 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)