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1990-16 . , ,,- 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: ~ MB/04/CRO8-689WP5 (12/18/90-3) ~ , . \ 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: 8 MB/04/CRO8-689WP5 (12/18/90-3) , 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: 8 MB/04/CRO8-689WP5 (12/18/90-3) , 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; 8 MB/04/CRO8-689WP5 (12/18/90-3) - . ' 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 ~ ~ ÇL~ Anne Patton, Chairman of the New Encinitas Community Advisory Board - MB/04/CRO8-689WP5 (12/18/90-3)