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1990-17 I . 8 RESOLUTION NO. NE 90-17 A RESOLUTION OF THE NEW ENCINITAS COMMUNITY ADVISORY BOARD CITY OF ENCINITAS, APPROVING A VARIANCE TO ALLOW A PATIO/SOLARIUM ENCLOSURE TO ENCROACH 5 1/2 FEET INTO THE REAR YARD SETBACK LOCATED AT 1721 GREENTREE RD. (CASE NUMBER 90-176 V) WHEREAS, a request for consideration of a Variance was filed by Ralph James to allow variance for a patio/solarium enclosure to encroach 5 1/2 feet into the required rear yard setback, as per Chapter 30.78 of the City of Encinitas Municipal/Zoning Codes, for the property located at 1721 Greentree Road, legally described as; Lot 118 of VILLAGE PARK UNIT NO. 2, is the County of San Diego, State of California, according to Map thereof No. 6899, filed in the Office of the County Recorder of San 8 Diego County, California, on April 13, 1971. EXCEPT an undivided 25 per cent interest in all minerals, oil, gas an other hydrocarbon substances in and under or which may be produced from a depth below 500 feet from the surface of said lands, but without rights of surface entry, as set out in Deed recorded September 21, 1967, as File No. 144559. WHEREAS, a public hearing was conducted on the application on September 17, 1990; and WHEREAS, the Community Advisory Board considered: 1. The staff reports dated September 11, 1990; 2. The application and maps submitted by the applicant; 3. Oral evidence submitted at the hearing; 8 4. Written evidence submitted at the hearing. MBj04/CRO8-653wp5 (12-24-90/2) WHEREAS, the New Encinitas Community Advisory Board made the 8 following findings pursuant to the Variance: A. A variance from the terms of the zoning ordinances shall be granted only when, because of the special circumstances applicable to the property, including size, shape, topography, location or surrounding, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Evidence: The existing residence is located approximately 27 1/2 feet to 33 feet from the rear property line. If the applicant were to observe the strict application of the zoning ordinance, any addition to the residence (single story) would only accommodate 144 square feet. Therefore, due to the close proximity of the existing residence to the required rear yard setback, and the configuration of the residence, there is no other location on the property to construct an addition that would not create a greater encroachment than the requested 19' 6" setback, and still allow for a reasonable size enclosed patio. 8 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. Evidence: The allowed use of the property is single family residential and accessory uses (those things associated with an average single family use such as pools, utility sheds, patios, decks, play yards, etc.). It would not be a special privilege to allow a solarium for the subject property since other properties in the. vicinity have additions at the rear yard areas of their lots where there was room to construct an addition without the need for a variance. 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. The provisions of this section shall not apply to conditional use permits. Evidence: with the solarium addition, the use of the structure remains a single family residence, a use permitted by right in the R-8 zone. Therefor, allowing 8 the addition will not constitute a use or activity not otherwise allowed by this Code. MB/04/CRO8-653wp5 (12-24-90/2) . . D. No Variance shall be granted if the inability to enjoy 8 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. Evidence: 1. Due to the location of the existing residence, any other location would require a larger setback request, thus creating more of an impact. Further, there is existing landscaping and a 5' high wood fence at the rear and sides of the property lessening any impact to neighbors. 8 2. The subdivision of Village Park was approved and constructed in this manner. 3. The variance would not constitute a rezoning or other amendment to the zoning code. 4. The variance, if granted, would not authorize or legalize the maintenance of any private or public nuJ.sance. NOW, THEREFORE, BE IT RESOLVED by the New Encinitas Community Advisory Board of the City of Encinitas that the variance is hereby approved subject to the following conditions: 1. This approval will expire on September 17, 1992, two years after the approval of this project unless the conditions have been met or an extension has been approved by the Authorized Agency; 2. This approval may be appealed to the authorized agent within 15 days from the date of this approval; 8 MB/04/CRO8-653wp5 (12-24-90/2) ! I . ~ 3. At all times during the effective period of this permit, 8 the applicant shall obtain and maintain in valid force and effect, each and every license and permit required by a governmental agency for the operation of the authorized activity; 4. At no time during the effective period of this permit shall the applicant be delinquent in the payment of taxes or other lawful assessments relating to the property which is the subject of this permit; 5. In the event that any of the conditions of this permit are not satisfied, the Planning Department shall cause a noticed hearing to be set before the authorized agency to determine why the City of Encinitas should not revoke this permit; 6. Upon a showing of compelling public necessity demonstrated at a noticed hearing, the City of Encinitas, acting through the authorized agency, may add, amend, or delete conditions and regulations contained in this permit; 7. Nothing in this permit shall relieve the applicant from complying with the conditions and regulations generally imposed upon activities similar in nature to the activity authorized by this permit; 8 8. Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that which is specifically described in this permit; 9. Approval of this request shall not waive compliance with any sections of the Zoning Code and all other applicable City Ordinances in effect at the time of Building Permit issuance unless specifically waived herein; 10. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances in effect at the time of building permit issuance if applicable; 11. This approval shall become null and void if building permits are not issued for this project within two years from the date of project approval, if applicable; 12. All Permits from other agencies will be required when applicable; 13. Project is approved as modified and shall not be altered without authorized agency review and approval; 8 MB/04/CRO8-653wp5 (12-24-90/2) . . . 8 14. Prior to final approval the applicant shall submit a letter from the Fire District stating that all project review fees have been paid; and 15. Address number shall be clearly visible from the street fronting the structure. Where structures are located off a roadway on long driveways, a monument shall be placed at the entrance where the driveway intersects the main roadway. Permanent address numbers shall be displayed on this monument. 16. All construction to be built in accordance with the approved plans dated July 16, 1990. 17. All plant screening to be reviewed by staff to go above . the five foot high fence on the south property line. NOW, THEREFORE, BE IT RESOLVED by the New Encinitas Community Advisory Board of the City of Encinitas that: (1) This project was found to be exempt from environmental review, Section 15301 (e). PASSED AND ADOPTED this 17th day of September, 1990, by the 8 following vote, to wit: AYES: Cindy Beck, Greg Grajek, Anne Patton, Bill Quinn NAYS: None ABSENT: Ruthanne White ABSTAIN: None ~ c{?~(ð J ANNE PATTON, Chairman of the New Encinitas Community Advisory Board .. ATTEST: ~ .. 8 -- "1#.