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1995-03 RESOLUTION NO. NE-9S-03 A RESOLUTION OF THE . NEW ENCINITAS COMMUNITY ADVISORY BOARD APPROVING A REVISED V ARIANCE REQUEST TO ALLOW A PORTION OF A PROPOSED 924 SQUARE FOOT ADDITION TO A SINGLE FAMILY RESIDENCE TO ENCROACH TO WITHIN 20.88 FEET OF THE REAR YARD PROPERTY LINE FOR PROPERTY LOCATED AT 146 FIVE CROWNS WAY (CASE NUMBER 95-035 V (Revised); APN: 259-520-38) WHEREAS, an application for consideration of a revised Variance request was filed by Alphonso Hernandez to allow for the construction of a 924 square foot addition to a single family residence which will encroach approximately four feet into the 25-foot Rear Yard Setback (Municipal Code Section 30. 16.01OA 10) for property located at 146 Five Crowns Way, and legally described as; LOT 609 OF VILLAGE PARK UNIT NO. 13, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7833, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON DECEMBER 27, 1973. WHEREAS, a public hearing was conducted on the revised application by the New Encinitas Community Advisory Board on April 18, 1995 and all those desiring to speak, did speak; and . WHEREAS, the New Encinitas Community Advisory Board considered, without limitation: 1. The Agenda Report for the April 18, 1995 meeting; 2. The General Plan, Zoning Code and associated Land Use Maps; 3. Oral evidence submitted at the hearing by staff, by the applicant and by the public; 4. Written evidence submitted with the application and at the public hearing; and 5. The application, plans and supporting material dated received by the City on April 5, 1995. Said plans consisting of one sheet of the Site Plan, the Floor Plan and the Elevation Plan for the proposed addition. WHEREAS, the New Encinitas Community Advisory Board made the following findings pursuant to Section 30.78.030 of the Encinitas Municipal (Zoning) Code: (SEE EXHIBIT II A ") NOW, THEREFORE, BE IT RESOLVED by the New Encinitas Community Advisory Board of the City of Encinitas that application 95-035 V (Revised) is hereby approved subject to the following . conditions: cdlcrola: 111sr95O35 .ne2(4-18-95) A. COMMUNITY DEVELOPMENT DEPARTMENT: The developer shall contact the Community Development Department regarding compliance with the following conditions: . 1. The project is approved as submitted and evidenced by plans dated received by the City on April 5, 1995 and shall not be altered without City approval or as conditioned herein. 2. This approval may be appealed to the Planning Commission within 15 calendar days from the date of this approval in accordance with Chapter 1.12 of the Municipal Code. 3. This Variance approval shall be valid for two years from the effective date of the permit (to April 18, 1997), during which time construction of the approved addition shall be pursued in conformance with the Uniform Building Code to the satisfaction of the Community Development Director; or as the effective period may be extended pursuant to the Municipal Code. 4. Prior to inspection approval and the pouring of the foundation for the addition, the developer shall contact the Community Development Department for a Site Inspection to verify that the addition is no closer than 20.88 feet to the Rear Yard Lot Line. 5. For new structures, the applicant shall pay development fees at the established rate. Such fees may include, but shall not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees (if Applicable), Traffic Fees, and Drainage Fees. Arrangements shall be made to the satisfaction of the appropriate department or agency to pay the impact fees prior to Building Permit issuance or Final Building Permit inspection approval. . 6. The property owner shall abide by any legal restrictions which may be applicable to the property ownership. B. FIRE PROTECTION DISTRICT: The developer shall contact the Fire Prevention Bureau regarding compliance to the following conditions: 1. ADDRESS NUMBERS: Address numbers shall be placed in a location that will allow them to be clearly visible from the street fronting the structure. The height of the numbers shall conform to Fire District standards. 2. FEES: Prior to Final Occupancy, the applicant shall submit to the Community Development Department a letter from the Fire Prevention District stating that all development impact, plan check and/or cost recovery fees have been paid or secured to the satisfaction of the Fire District. 3. SMOKE DETECTORS: Smoke detectors shall be installed in the addition and shall be inspected by the Fire District prior to Final Occupancy. . cdIcrola: 111sr95O35 .ne2(4-18-95) C. BUILDING DIVISION: The developer shall contact the Building Division regarding compliance to the following conditions: . A Building Permit is required for this project. The developer shall submit plans and specifications to the Building Division for a complete plancheck review. Contact the Building Division if there are any questions concerning the plancheck submittal. BE IT FURTHER RESOLVED by the New Encinitas Community Advisory Board of the City of Encinitas that: This project is found to be categorically exempt from Environmental Review pursuant to Section 15303(e) of the California Environmental Quality Act (CEQA) Guidelines. PASSED AND ADOPTED this 18th day of April, 1995, by the following vote, to wit: AYES: Weinstein, Beck, Felker NAYS: Van Reusen ABSENT: Edde ABSTAIN: None . Vir. la Felker, Chair New Encinitas Community Advisory Board City of Encinitas ATTEST: ~bI2.Q--- Craig R. Olson, Assistant Planner . cd/crola: 111sr95O35.nc2(4-18-95) EXHmIT "A" Resolution NE-9S-03 . 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 4 feet into the 25-foot Rear Yard Setback for a 924 square foot addition to an existing single family residence. Discussion: The applicant contends that the special circumstances applicable to the property to warrant Variance approval are the additions to the neighboring homes which encroach to within approximately 10 and 15 feet of the common rear yard lot line, that adjoining residences to the rear are located on building pads which are five to eight feet below the pad elevation of the proposed addition, the fact that the existing residential structure dictates the location of the addition, and that the size of the addition is necessary to accommodate the livable size of the proposed rooms and the required storage area within the addition. These circumstances relate to the size and shape of existing constraints on the property and the topographical difference and location of structures on surrounding property as required by the Code Findings to be made for Variance approval. . Conclusion: Therefore, the New Encinitas Community Advisory Board finds that special circumstances are applicable to the property which include the location of existing structures, topographic differences from the subject property and surrounding property, and the surrounding structures on neighboring property which encroach into their rear yard setbacks and have topographical differences from the subject property. The strict application of the zoning ordinance would deprive the property owner of privileges enjoyed by other property in the vicinity and under the identical zoning classification. 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: Variance approval would allow for a portion of a proposed addition to a single family residence to encroach approximately four feet into the 25-foot Rear Yard Setback (to within 20.88 feet of the rear yard property line). Additions to single family residences are permitted by right on parcels zoned for residential single family dwellings. Discussion: The property is located within the R-8 (Single Family Residential) Zoning District. Since the R-8 Zoning District permits additions to single family residences, no special conditions are necessary to assure that the Variance adjustment would not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in . which the property is situated. cdIcrola: 11/sr95O35.ne2(4-18-95) Conclusion: Therefore, the New Encinitas Board finds that the Variance is warranted since 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 and the Variance . is warranted due to the special circumstances related to the subject property as discussed above. 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 Variance allows for a portion of a proposed addition to a single family residence to encroach approximately 4 feet into the 25-foot Rear Yard Setback (to within 20.88 feet of the rear yard property line). Additions to single family residences are permitted by right within the R-8 Zoning District. Discussion: The project proposes an addition to a single family residence which is permitted by right within the R-8 Zoning District. 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 conforms in all aspects with the development standards of the R-8 Zoning District and all other applicable standards required by the Municipal Code except for the encroachment into the Rear Yard Setback. Discussion: The addition is designed to allow for adequate room for standard sized furniture and special medical equipment needed by an elderly family member. Therefore, an alternative development plan would not be practical and is not warranted since the Variance will not pose a significant impact on adjacent neighbors since their residences are approximately 5 to 8 feet below the elevation of the pad for the residence and addition. The Variance is not self-induced due to the existing circumstances on the lot including the location and floor design of the principal residence and the need for adequate living and storage area within the proposed addition. The Variance does not constitute a rezoning or other amendment to the Zoning Code since additions to single family residences are permitted by right within the R-8 Zoning District. . No evidence has been submitted to indicate that the Variance would authorize or legalize the maintenance of any private or public nuisance. cdIcrola: 111sr95035 .ne2(4-18-95) 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 layout of the principal residence and the necessity for adequate living and storage area within the proposed addition. The project does not allow such a degree of variation as to constitute a rezoning or other amendment to the Zoning Code since additions to single family residences are permitted by right within the R-8 Zoning District. No evidence been submitted to indicate that the project would authorize or legalize the maintenance of a private or public nuisance. . . cdlcrola: 11/sr95O35 .ne2(4-18-95)