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1990-02 . . 8 RESOLUTION NO. NE 90-02 A RESOLUTION OF THE NEW ENCINITAS COMMUNITY ADVISORY BOARD APPROVING A VARIANCE FROM CHAPTER 30.78 VARIANCES, SECTION 30.16.010 RESIDENTIAL ZONES, OF THE ZONING ORDINANCE PROPERTY BEING LOT 616 OF VILLAGE PARK UNIT NO. 13, MAP NO. 7833, COUNTY OF SAN DIEGO CITY OF ENCINITAS, (COMMONLY KNOWN AS 143 OXBOW LANE, ENCINITAS) WHEREAS, Carl Winder, applied for a Variance from Chapter 30.78 Variances, and Section 30.16.010 Residential Zones of the City of Encinitas Zoning Ordinance to allow a room addition to encroach a maximum of 8 feet into the required 25' rear yard setback at one corner of the proposed room addition in the R-8 zone, for property located at 143 Oxbow Lane, Encinitas; and 8 WHEREAS, a public hearing was conducted on the application 89-301-V on February 5, 1990 by the New Encinitas Community Advisory Board, at which time all persons desiring to be heard were heard; and, WHEREAS, evidence was submitted and considered to include without limitation: a. Site plan submitted by the applicant dated December 27, 1989; b. Written information submitted with the application; c. Oral testimony from staff, applicant, and public made a part of the record at said public hearing; d. CAB staff report (89-301-V) dated January 30, 1990 which is on file in the Department of Planning and Community Development; and e. Additional written documentation. 8 LN/CAB13-177wp5 . 8 NOW, THEREFORE, BE IT RESOLVED by the New Encinitas Community Advisory Board of the City of Encinitas that: 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 9070 square foot lot is considerably larger than the minimum 5,400 square foot lot required by the R-8 zone. The lot is irregularly shaped, however, and a typical square room of even this small size cannot be accommodated with the diagnonal rear lot line. Surrounding lots tend to be smaller and a little more regularly shaped. The familyroom is designed to be added adjacent to the existing country kitchen. The room addition could be designed to stay out of the setback, however, in order for the addition not to block the 8 windows in the existing den and master bedroom, the square footage would have to be reduced to approximately 200 or 225 square feet. Another option would be to construct the addition across the back of the structure adjacent to the kitchen and the den (approximately 10' x 39') which may produce approximately 390 square feet of long narrow family room. It appears that the proposed design is the most logical and the most usable for the site, however, other options exist that would not require the variance. Neighboring property owners spoke in support of the project at the public hearing. Planting shall be required along the side lot line south/west of the proposed addition in order to screen the addition from the neighboring property on the west. In conclusion, because of the irregular shape of the lot and the siting of the existing home on the lot the site does have special circumstances which would deprive it of the privilege of adding a standard size family room in the most logical place according to the existing floor plan of the house. 8 LN/CAB13-177wp5 I 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 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 a substantial body of evidence has not been submitted to indicate that the percentage of lot coverage is different for the subject site as opposed to other lots in the same vicinity and zone. 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. 8 Evidence: The granting of this variance would not authorize a use or activity not expressly authorized by the zoning regulations governing this property since the use will be a single family dwelling which is consistent with the 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: 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 8 LN/CAB13-177wp5 8 4. Would authorize or legalize the maintenance of any private or public nuisance. Evidence: 1. The proposed addition will be visible from the westerly property, however, it would be well screened from the north and east properties. The proposed design would be a lesser impact on the existing house and more usable, however, and with the additional landscaping required on the west property line it will be of less impact to the surrounding properties. 2. The need for the variance is not self-induced because the irregular shaped lot exists. 3. The granting of the variance would only permit a single family home as currently allowed and would not, therefore, constitute a rezoning. 4. There are currently no private or public nuisances on the site which the zoning would legalize or authorize. 8 BE IT ALSO RESOLVED THAT the application for Variance for 89- 301-V is hereby APPROVED with the following conditions: 1. Fire Department: Prior to approval of the variance the applicant shall submit a letter from the fire district stating that all project review fees have been paid. 2. Additional planting shall be placed on the westerly property line to help screen the addition from the adjoining property to the west. 48 LN/CAB13-177wp5 L I .. 8 PASSED AND ADOPTED this 5th day of March, 1990, by the following vote, to wit: AYES: Grajek, Beck, Quinn, and Patton NAYS: None ABSENT: White ABSTAIN: None ~ ~ ANNE PATTON, Vice-Chairman of the New Encinitas Community Advisory Board ATTEST: . LIND S. NILES Associate Planner " LN/CAB13-177wp5 L