1989-08
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8 RESOLUTION NO. 89-08
A RESOLUTION OF THE NEW ENCINITAS
COMMUNITY ADVISORY BOARD APPROVING A VARIANCE
FROM CHAPTER 30.78 VARIANCES, SECTION 30.16.010
RESIDENTIAL ZONES, AND 30.76.070 NONCONFORMITIES
OF THE ZONING ORDINANCE
PROPERTY BEING THAT PARCEL 4, MAP 13130,
CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
(COMMONLY KNOWN AS 1402 SANTA FE DRIVE, ENCINITAS)
WHEREAS, Louis Lightfoot, applied for a Variance from Chapter
30.78 Variances, Section 30.16.010 Residential Zones, and 30.76.070
Nonconformities, of the city of Encinitas Zoning Ordinance to a
remodel of an existing single family dwelling unit to encroach 8'
into the required 40' rear yard setback, and to allow an existing
nonconforming structural situation to be expanded, for property
located at 1402 Santa Fe Drive;
8 WHEREAS, a public hearing was conducted on the application
89-147-V on September 18, 1989 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;
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 (89-147-V) dated September 8, 1989,
which is on file in the Department of Planning and
Community Development; and
e. Additional written documentation.
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NOW, THEREFORE, BE IT RESOLVED by the New Encinitas Community
8 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 to Consider:
The 25,263 square foot lot is considerably larger than the
minimum 14,500 square foot lot required by the R-3 zone and
even than the mid-range density size of approximately 17,425
square feet. However, the perimeter of the lot has some steep
grades and the basic house pad is relatively large and flat.
The 3,753 square foot house because it is so large and because
it is mostly one-story does approach the limits of the flat
portion of the building pad in some areas. The site does
have special circumstances of topography and the steep slopes
on a portion of the lot, and the location of the existing
structure and accessory improvements covering a large portion
of the existing lot provide for little area outside the
setbacks for a logical location of the proposed bathroom
8 addition.
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 to Consider:
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.
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Evidence to consider:
8 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
4. Would authorize or legalize the maintenance of any
private or public nuisance.
Evidence to Consider:
8 1. The proposed addition will be less visible and of a
lesser impact on the surrounding neighborhood due to the
present location and lot coverage of the existing
dwelling, the steep slope at the back of the lot, and the
extensive vegetation at the top of the slope and along
the side of the property where the proposed addition is
to be constructed. Through the site visits, photographic
and written documentation it has been determined that
there is no alternate development plan that would be of
less significant impact to the site and the adjacent
properties.
2. The need for the variance is not self-induced because the
original house including the master bath was built 30
years ago.
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.
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8 BE IT ALSO RESOLVED THAT the application for Variance for 89-
147-V is hereby APPROVED.
PASSED AND ADOPTED this 18th day of September, 1989, by the
following vote, to wit:
AYES: Boardmembers Colgan, Patton, White, Beck, and Quinn
NAYS: None
ABSENT: None
ABSTAIN: None
CShf.
CHARLES COLGAN, C rman of
the New Encinitas mmunity
Advisory Board
ATTEST:
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LI DA S. NILES
Associate Planner
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