2001-16 Bristol
RESOLUTION NO. PC-2001-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ENCINIT AS
APPROVING AN AMENDMENT TO A VARIANCE TO ALLOW A STRUCTURE TO
ENCROACH 10 FEET INTO THE STANDARD 25 FOOT FRONT YARD SETBACK
FOR AN EXISTING SINGLE FAMILY DWELLING FOR PROPERTY LOCATED AT
463 BRISTOL AVENUE
(CASE NO. 00-277 V/CDP)
WHEREAS, a Variance application was approved by the Encinitas Planning
Commission pursuant to Chapter 30.78 (Variances) of the Encinitas Municipal Code to
allow for the construction of a detached, open-sided carport structure in association with
an existing single family dwelling, in the R-8 zone, and
WHEREAS a request for consideration of an amendment to the original front
yard Variance was requested by Barry Knuttila to allow the detached carport to be
enclosed by garage doors and walls for property located at 463 Bristol A venue, and
legally described as per document no. 1994-0366770 recorded in the office of the San
Diego County Recorder June 6, 1994.
WHEREAS, the Planning Commission conducted a noticed public hearing on the
application on March 15,2001, at which time all those desiring to be heard were heard; and
WHEREAS, the Planning Commission considered, without limitation:
1.
2.
The March 15,2001, agenda report to the Planning Commission with attachments;
The General Plan, Local Coastal Program, Municipal Code, and associated Land
Use Maps;
3.
4.
Oral evidence submitted at the hearing;
Written information submitted with the application;
5.
Site Plan, Floor Plans, and Building Elevations, consisting of one sheet, dated
November 14, 2000 and stamped "received" by the City of Encinitas on
November 20, 2000;
6.
Planning Commission agenda report for the meeting of September 19, 1996 which
is on file in the Department of Community Development; and
WHEREAS, the Planning Commission made the following findings pursuant to Section
30.78.030 of the Municipal Code.
(SEE A TT ACHMENT "A")
NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Encinitas that Variance application No. 00-277 V/CDP is hereby approved subject to the
following conditions:
(SEE ATTACHMENT "B")
BE IT FURTHER RESOLVED that in the independent judgment of the Planning
Commission the project was found to be exempt from environmental review under Section
15301, Class (e) of the State CEQA Guidelines.
PASSED AND ADOPTED this 15th day of March 2001, by the following vote, to wit:
AYES:
NAYS:
Bagg, Birnbaum, Crosthwaite, Jacobson, Patton
ABSENT:
ABSTAIN:
ATTEST:
~~~
/S~~~
Secretary
NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits
for legal challenges.
ATTACHMENT "B"
RESOLUTION NO. PC-2000-16
CONDITIONS OF APPROVAL
Case No. 00-277 V/CDP
Applicant: Barry Knuttila
Location: 463 Bristol Avenue
SCI
SPECIFIC CONDITIONS
SC2
SC6
SCA
Gl
This approval will expire March 15,2003, at 5:00 p.m, two years after the approval
of this project, unless the conditions have been met or an extension of time has been
approved pursuant to the Municipal Code.
The project is approved as submitted as evidenced by the Site Plan, Floor Plans,
and Building Elevations, consisting of one sheet, dated November 14, 2000 and
stamped "received" by the City of Encinitas on November 20, 2000 and
designated approved by the Planning Commission on March 15, 2001, and shall
not be altered without express authorization by the Community Development
Department.
Minor modifications to the original Variance, if deemed to be in substantial
conformance with the original approval, may be approved, in writing, by the
Director of Community Development. The Director may refer any modification
request to the Planning Commission for its review/approval in accordance with
the Municipal Code
STANDARD CONDITIONS
CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
G2
G4
G5
This approval may be appealed to the City Council within 15 calendar days from the
date of this approval in accordance with Chapter 1.12 of the Municipal Code.
Prior to building permit issuance, the applicant shall cause a covenant regarding real
property to be recorded. Said covenant shall set forth the terms and conditions of
this grant of approval and shall be of a form and content satisfactory to the
Community Development Director.
Approval of this request shall not waive compliance with any sections of the
Municipal Code and all other applicable City regulations in effect at the time of
Building Permit issuance unless specifically waived herein.
Bl
BUILDING CONDITION(S):
CONTACT THE ENCINIT AS BUILDING DIVISION REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
B2
B3
B4
The applicant shall submit a complete set of construction plans to the Building Division for
plancheck processing. The submittal shall include a Soils/Geotechnical Report, structural
calculations, and State Energy compliance documentation (Title 24). Construction plans
shall include a site plan, a foundation plan, floor and roof framing plans, floor planes),
section details, exterior elevations, and materials specifications. Submitted plans must show
compliance with the latest adopted editions of the California Building Code (The Unifonn
Building Code with California Amendments, the California Mechanical, Electrical and
Plumbing Codes). Commercial and Multi-residential construction must also contain details
and notes to show compliance with State disabled accessibility mandates. These comments
are preliminary only. A comprehensive plancheck will be completed prior to permit
issuance and additional technical code requirements may be identified and changes to the
originally submitted plans may be required.
Provide compliance with the Uniform Building code for property line clearances
considering use, area and fire resistance of existing buildings.
Existing building(s) shall be made to comply with current building and zoning regulations
for the intended use or the building shall be demolished with appropriate permits.