1990-16
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tt RESOLUTION NO. NE 90-16
A RESOLUTION OF NEW ENCINITAS COMMUNITY
ADVISORY BOARD CITY OF ENCINITAS, APPROVING A
VARIANCE/DESIGN REVIEW MODIFICATION TO ALLOW A
WALL HEIGHT OF 8' AND MODIFICATIONS TO COMMUNITY
ADVISORY BOARD APPROVED BUILDING ELEVATIONS AND SLOPE
PLANTING LOCATED AT 611 CREST DRIVE
(CASE NUMBER 90-224V/DRM)
WHEREAS, a request for consideration of a Variance/Design
Review Modification was filed by Warmington Homes to allow a wall
height of 8' and modifications to the Community Advisory Board
approved building elevations and slope planting, as per Chapter
30.78 and 23.08 of the City of Encinitas Municipal Code, for the
property located at 611 Crest Drive,
WHEREAS, a public hearing was conducted on the application on
tÞ November 5 and December 3, 1990; and
WHEREAS, the Community Advisory Board considered:
1. site plans and elevation plans dated 9/5/90, and letter
pertaining to slope planting dated 8/6/90 submitted by
the applicant;
2. Written information submitted with the application;
3. Oral testimony from staff, applicant, and public made a
part of the record at said public hearing;
4. Community Advisory Board staff reports dated October 16,
and November 19, 1990 (90-224 V/DRM) which are on file
in the Department of Planning and Community Development;
and
5. Additional written documentation.
WHEREAS, the New Encinitas Community Advisory Board made the
following findings for the requested variance:
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8 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 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.
Evidence: The Target store's property, which is directly
behind Lots 1 through 10, is the location of the existing
wall. There is a 35' high drop directly behind the existing
and proposed wall. The existing wall adjacent to lots 6 and
7 to the east and west of the subject area are currently 8'
high block walls. It would be consistent with the existing
block walls to allow the proposed wall to exceed the 6' height
limit by 2' for a total of 8' high.
Due to the topography (35' drop directly behind lots 6 and 7),
and the adjacent existing 8' high block walls, the request for
an additional 2' on the wall height is reasonable, and would
be compatible with the surrounding area.
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
8 in the vicinity and zone in which some property is
situated.
Evidence: The granting of this variance would not constitute
the granting of special privileges inconsistent with
limitations upon other properties in the vicinity and zone in
which the property is located because the existing adjacent
wall to lots 6 and 7 is 81 in height. Therefore the proposed
wall would not constitute a grant of special privileges.
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: The granting of this variance would not authorize
a use of activity not expressly authorized by the zoning
regulations governing this property since walls are permitted
in a commercial zone.
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:
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8 1. Could be avoided by an alternated 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. The fence is needed in the proposed location at the
proposed height not only for consistency with the
adjacent attached 8' high wall but also as a safety
factor due to the location next to the 35' drop. The
proposed wall is well below the height of the previously
existing block wall with the exception of a 2' x 2'
triangular portion on the eastern edge of lot 7. The
wall could be constructed at the 6' height limit,
8 however, the proposed 8' height is more compatible and
more consistent with the existing wall.
2. The need for the variance is not self induced since there
is an existing 35' drop and an existing block wall.
3. The granting of the variance would not require a rezone
or other amendment to the code.
4. The granting of the variance would not authorize or
legalize the maintenance of any private or public
nUlsance.
NOW, THEREFORE, BE IT RESOLVED by the New Encinitas
Community Advisory Board of the City of Encinitas that:
This project was found to be exempt from environmental
review, Section 15301(a);
BE IF FURTHER RESOLVED that the variance/design review
modification application is approved as shown on the plans dated
September 5, 1990 subject to the following STANDARD conditions:
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8 1. This approval will expire on December 3, 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;
3. At all times during the effective period of this permit,
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
8 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. 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;
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8 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; and
13. Project is approved as modified and shall not be altered
without authorized agency review and approval.
BE IT FURTHER RESOLVED that the variance/design review
application is approved subject to the following ADDITIONAL
conditions:
1. Planting is required on all lots containing slopes of 3'
to 5' (those lots being lots 15, 17 and 32); and
2. Prior to finalization, the applicant shall submit a
letter from the Fire District stating that all project review
fees have been paid.
8 PASSED AND ADOPTED this 3rd day of December, 1990, by the
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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