1995-06
. RESOLUTION NO. NE-95-06
A RESOLUTION OF THE NEW ENCINITAS COMMUNITY ADVISORY BOARD
OF THE CITY OF ENCINITAS
APPROVING A VARIANCE FOR THE CONSTRUCTION OF
A 210 SQUARE FOOT ADDffiON TO AN EXISTING
SINGLE FAMILY RESIDENCE WIDCR WILL ENCROACH
6 FEET 6 INCHES INTO THE 20-FOOT REAR YARD SETBACK
AND WILL EXCEED THE 40% LOT COVERAGE STANDARD TO 44.58%
FOR PROPERTY LOCATED AT 1715 HILLTOP LANE
(CASE NO. 95-182V)
(APN: 257-312-18)
WHEREAS, David Van Nest applied for Variance approval pursuant to Chapter 30.78 of the
Municipal Code to allow a 6 foot 6 inch encroachment into the 20-foot Rear Yard Setback and to
exceed the 40% Lot Coverage standard to 44.58% to permit the construction of a 210 square foot
addition to an existing single family residence; and
WHEREAS, the property is located at 1715 Hilltop Lane and is legally described as:
LOT 73 OF TRACT 3625-1 AS PER MAP 9082, FILED IN THE OFFICE OF THE
. COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 10, 1979.
WHEREAS, a public hearing was conducted on August 22, 1995 by the New Encinitas
Community Advisory Board (CAB) at which time all those desiring to speak, did speak; and,
WHEREAS, the New Encinitas Community Advisory Board considered, without limitation:
1. The Agenda Report for the August 22, 1995 meeting;
2. The adopted General Plan, Zoning Code and associated Land Use Maps;
3. Oral Evidence received at the Public Hearing ITom staff, the applicant and the public;
4. Written evidence submitted with the application and three sheets including the Site
Plan, the Foundation and Floor Plans, and the Building Elevations dated received by
the City on July 21, 1995.
WHEREAS, the New Encinitas Community Advisory Board made the following required findings
pursuant to Chapter 30.78 (Variance)ofthe Municipal Code:
(See Exhibit "1")
.
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. NOW THEREFORE, BE IT RESOLVED by the New Encinitas Community Advisory
Board of the City of Encinitas that application 95-182V is hereby approved subject to the following
conditions:
A. STANDARD CONDffiONS:
1. This approval will expire on August 22, 1997, two years after the approval of this
project, unless the following conditions have been met or an extension of time has been
approved pursuant to Municipal Code requirements.
2. This approval may be appealed to the Planning Commission within 15 calendar days
from the date of the Board's approval pursuant to Chapter 1.12 of the Municipal Code.
3. The property owner shall pay applicable development fees at the established rate. Such
fees may include, but shall not be limited to: Pennit and Plan Checking Fees, School
Fees, Water and Sewer Service Fees, and Drainage Fees (as applicable). AITangements
shall be made to the satisfaction of the appropriate department or agency to pay the
impact fees prior to Building Pennit issuance or Final Occupancy approval, as
detennined applicable by the concerned Department or Agency.
4. Approval of this request does not waive compliance with any section of the Municipal
Zoning Code and all other applicable City Ordinances, unless otherwise noted herein.
. 5. Property owner( s) shall agree to preseIVe and save harnùess the City of Encinitas and
each officer and employee thereof from any accident, loss, or damage to persons or
property happening or occurring as the proximate result of any of the work undertaken
to complete this project, and that all said liabilities are hereby assumed by the property
owner(s).
B. COMMUNITY DEVELOPMENT DEPARTMENT: The property owner/developer shall
contact the Community Development Department regarding compliance with the following
conditions:
1. The Variance is approved as set forth on the plans dated received by the City with the
application and background materials on July 21, 1995. Said plans consisting of three
sheets including the Site Plan, the Foundation and Floor Plans, and the Building
Elevations.
2. Prior to Building Pennit issuance, the property owner shall cause to be recorded a
standard fonn Covenant, acceptable to the Community Development Director, which
records this Resolution of Approval and conditions herein.
.
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. 3. Prior to inspection approval for footings and the pouring of the foundations for the
approved addition, the property owner/developer shall contact the Community
Development Department for a Site Inspection to verify that the addition is no closer
than 13 feet 6 inches to the Rear Yard Lot Line.
4. The property owner shall abide by any legal restrictions which may be applicable to the
property ownership.
C. FJRE PREVENTION DEPARTMENT: The property owner/developer shall contact the
Fire Prevention Department regarding compliance to the following condition:
FEES: Prior to Final Occupancy, the property owner shall submit to the Community
Development Department a letter from the Fire Prevention Department stating that all
development impact, plan check and/or cost recovery fees have been paid or secured to the
satisfaction of the Fire Department.
D. BUILDING DIVISION: The property owner/developer shall contact the Building Division
regarding compliance to the following condition:
The applicant shall submit a complete set of construction plans to the Building Division for
review. The submittal shall include structural calculations and details, complete framing plans
. and details, a site plan and floor plans, State Energy compliance documentation, and a Soils
Report (if applicable) which includes recommendations for the design of structural foundations.
Submitted plans shall be reviewed for compliance with State Title 24, the 1991 Editions of the
Unifonn Building Code, the Unifonn Mechanical Code, the Unifonn Plumbing Code, and the
1990 Edition of the National Electrical Code. A comprehensive plan check will be conducted
prior to Building Pennit issuance and comments and/or changes to the originally submitted
plans may be required.
.
cdlcro/f:/95182ne1.doc
. PASSED AND ADOPTED this 22nd day of August 1995, by the following vote, to wit:
AYES: Felker, Van Reusen
NAYS: None
ABSENT: None
ABSTAIN: Edde
. Gerald G. Van Reusen
Vice-Chairman of the New Encinitas
Community Advisory Board, City of
Encinitas
ë:i?Q
Craig R Olson, Associate Planner
.
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. EXHIBIT" 1 "
RESOLUTION NO. NE-95-06
Findings Pursuant to Section 30.78.030
of the Municipal (Zoning) Code
Related to Variances
A A Variance from the terms of the zoning ordinance 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 ordinance deprives such property of privileges
enjoyed by other property in the vicinity and under identical zoning classification.
Facts: The application requests a Variance to encroach approximately 6 feet 6 inches into the
20-Foot Rear Yard Setback for a 210 square foot addition to an existing single family
residence. In addition, the Variance also requests to exceed the 40% Lot Coverage standard to
44.58%.
Discussion: The applicant requests the Variance due to the existing location of the structure
on the property which precludes locating the addition in any other area on the lot which would
not require Variance approval and still provide a logical floor plan layout within the existing
structure. The applicant contends that the Variance is warranted due to the fact that the
property and the existing structure have less square footage than any of the properties and
structures in the immediate vicinity. In addition, the northeasterly side yard and the rear
. yard do not abut a residential lot. Rather, these yards abut an open space easement for the
recreational area owned by the subdivision's Home Owner's Association (HOA). The
rear yard area of the subject property is approximately 5 to 8 feet higher than the walkway
within the open space easements adjoining the property. The applicant has provided
information to staff that the Architectural Committee of the HOA has approved the design
of the project. The request to exceed the 40% Lot Coverage standard to 44.58% is
warranted due to the fact that the existing structure covers 40% of the lot at this time and
the 210 square foot addition is a minimal amount of additional floor area needed to bring
the total square footage of the structure up to par with other residences in the
neighborhood.
Conclusion: Therefore, the New Encinitas Community Advisory Board finds that special
circumstances are applicable to the property to warrant approval of the Variance request.
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 vicinity and zone in which such property is situated.
Facts: The Variance allows for a 210 square foot addition to an existing single family
residence to encroach into the 20-foot Rear Yard Setback to within 13 feet 6 inches of the rear
property line and for the remodeled structure to exceed the 40% Lot Coverage standard to
. 44.58%
cd/cro/f:/95182ne1.doc
. Discussion: The Variance allows the property owner/developer to utilize a portion of the
property to add an addition to create a family room within the existing structure. The existing
location and construction of the structure do not afford an alternate area for the construction of
the addition or the ability to provide the addition as a second story. Since the R-II Zoning
District pennits single family residences as a pennitted use, no conditions are necessary to
assure that the Variance adjustment would constitute a grant of special privileges inconsistent
with the limitations upon other properties in the vicinity and zone in which the property is
situated
Conclusion: Therefore, the New Encinitas Community Advisory Board finds that the
Variance approval does not constitute a grant of special privilege inconsistent with the
limitations upon other properties in the vicinity and zone in which the property is situated.
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 regulation governing the parcel of property.
Facts: The Residential-II (R-II) Zoning Districts pennit single family residential uses and
their ancillary uses and structures by right.
Discussion: The project proposes to add 210 square feet to an existing single family residence
to allow for a family room within the single family residential structure.
. Conclusion: Therefore, the New Encinitas Board finds that the Variance does not authorize a
use or activity which is not otherwise expressly authorized by the zoning regulation governing
the parcel of property.
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; or
4. Would authorize or legalize the maintenance of any private or public nuisance.
Facts: The project confonns in all aspects with the development standards of the R-II Zoning
District and all other applicable standards required by the Municipal Code except for the
encroachment into the Rear Yard Setback and to exceed the 40% Lot Coverage standard to
. 44.58%.
cd/cro/f:/95182ne1.doc
. Discussion: An alternative design that would not require Variance approval is not practical for
this property due to the location of the existing structure on the lot and the topographical
difference of the lot in relation to other lots in the neighborhood and the open space lots (and
the improvements within) which abut the northeasterly side and rear yards of the property.
The applicant also contends that an alternate development plan is impractical due to the
fact that the existing structure currently extends to all setback lines and is not constructed
to support a second story addition. While an area in the front of the structure could
provide for the addition, the applicant contends that the addition in this area would be in
contrast to the design of other homes in the neighborhood and would not achieve the
purpose of providing a "family room" due to the existing floor plan of the structure.
Conclusion: Therefore, the New Encinitas Board finds that the project does not impose any
significant adverse impacts to the site and adjacent properties and that the Variance is not self-
induced as a result of an action taken by the property owner or the owner's predecessor due to
the fact that the existing structure on the site and the construction of the structure not
supporting a second story dictates the location for the proposed addition. Therefore, the
existing physical constraints on the site warrant the Variance approval. The project does not
allow such a degree of variation as to constitute a rezoning or other amendment to the Zoning
Code nor has any evidence been submitted to indicate that the project would authorize or
legalize the maintenance of a private or public nuisance.
.
.
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