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1989-08 r . " 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. 8 LN/CABllg-141wp ~ 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. 8 LN/CABllg-141wp , , 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. 8 LN/CABllg-141wp , . 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: . C> /Î <.- / L /~ ~~ ,;,¡:0:4 0(' LI DA S. NILES Associate Planner 8 LN/CABllg-141wp