1990-17
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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.
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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.
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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;
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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;
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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
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ANNE PATTON, Chairman of
the New Encinitas Community
Advisory Board
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ATTEST:
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