Loading...
1992-02 . RESOLUTION NO. NE 92-02 A RESOLUTION OF THE NEW ENCINITAS COMMUNITY ADVISORY BOARD DENYING A VARIANCE REQUEST TO ALLOW A 16 SQUARE FOOT OFF-SITE SIGN TO ADVERTISE THE WARMINGTON HOMES SUBDIVISION FOR PROPERTY LOCATED AT 231 SPRUCEWOOD DRIVE (CASE NO. 91-213-V) WHEREAS, Warmington Homes applied for a Variance in accordance with Chapter 30.78 Variances from section 30.60.120 Off-site Temporary Sign Standards of the City of Encinitas Zoning Ordinance to allow a 16 square foot off-site sign to advertise the Warmington Homes Subdivision for property located at 231 Sprucewood Drive, and legally described as follows: That portion of the south half of the southwest quarter of the Lot 150 of Summerfield Encinitas Unit No.4, in the County of San Diego, State of California, according to map thereof No. 7705, filed in the office of County Recorder of San Diego . County on July 19, 1973. Subject to: 1. All general and special taxes for the fiscal year 1979- 1980, a lien not yet due and payable 2. Any covenants, conditions, restrictions, reservations, rights, rights of way and easements of record. WHEREAS, a public hearing was conducted on application No. 91-213V on January 6, 1992 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 to include without limitation: a. site plan and elevations consisting of three pages submitted by the applicant and received by the city on December 6, 1991. b. Written information submitted with the application; . wp91-213V (1-6-92) . c. Oral testimony from staff, applicant, and public made a part of the record at said public hearing; d. CAB staff report (91-213V) dated December 23, 1991 which is on file in the Department of Planning and Community Development; and e. Additional written documentation. WHEREAS, the New Encinitas Community Advisory Board made the following findings pursuant to Chapter 30.78, of the Encinitas Municipal Code: 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 New Encinitas Community Advisory Board finds that no special circumstances apply to the subject property that . would deprive the applicant.of any privilege enjoyed by owners of other property in the vicinity and under identical zoning classification. The Board finds that the permitted 3 square foot off-site sign is adequate to direct the public to the subdivision. 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 viciI'J.i ty and zone in which such property is situated. Evidence: The Board finds that granting approval of the requested variance would unnecessarily constitute a grant of special privilege to the applicant in that other property owners with major subdivisions located off of the main road utilize the permitted 3 square foot sign and install the 16 square foot signage at the location of the subdivision. . wp91-213V (1-6-92) . 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. 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 is permitted in a residential 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: The New Encinitas CAB has determined that the applicant could utilize the permitted 3 square foot sign to direct persons to the subdivision. Further the applicant has a large sign located at the subdivision site. The project does not constitute a rezoning since off-site signs are permitted in residential zones. There is no evidence to indicate a public or private nuisance exists on the subject property. NOW, THEREFORE, BE IT RESOLVED THAT the application for Variance 91-213-V is hereby denied. . wp91-213V (1-6-92) . PASSED AND ADOPTED this 6th day of January, 1992, by the following vote, to wit: AYES: Patton, Weaver, Beck NAYS: Grajek, Felker ABSENT: None ABSTAIN: None /i ' excL ^, Ct /~ ~ Greg Graj k, Chairman 0 the New cinitas Commu ity Advisory Board ATTEST: . ~~.~~ Craig R. Olson, Assistant Planner . LN/CAB14-189wp . RESOLUTION NO. NE 92-02 A RESOLUTION OF THE NEW ENCINITAS COMMUNITY ADVISORY BOARD DENYING A VARIANCE REQUEST TO ALLOW A 16 SQUARE FOOT OFF-SITE SIGN TO ADVERTISE THE WARMINGTON HOMES SUBDIVISION FOR PROPERTY LOCATED AT 231 SPRUCEWOOD DRIVE (CASE NO. 91-213-V) WHEREAS, Warmington Homes applied for a Variance in accordance with Chapter 30.78 Variances from Section 30.60.120 Off-site Temporary Sign Standards of the City of Encinitas Zoning Ordinance to allow a 16 square foot off-site sign to advertise the Warmington Homes Subdivision for property located at 231 Sprucewood Drive, and legally described as follows: That portion of the south half of the southwest quarter of the Lot 150 of Summerfield Encinitas unit No.4, in the County of San Diego, State of California, according to map thereof No. . 7705, filed in the office of County Recorder of San Diego County on July 19, 1973. Subject to: 1. All general and special taxes for the fiscal year 1979- 1980, a lien not yet due and payable 2. Any covenants, conditions, restrictions, reservations, rights, rights of way and easements of record. WHEREAS, a public hearing was conducted on application No. 91-213V on January 6, 1992 by the New Encinitas Community Advisory Board, at which time all persons desiring to be heard were heard; and, WHEREAS, an initial consideration hearing was held by the Planning Commission on February 13,1992 at which time the Planning Commissioners voted to consider the application at an Administrative Hearing on March 12, 1992 and subsequently upheld . wp91-213V (1-6-92) . the New Encinitas Community Advisory Board's decision of denial; and WHEREAS, evidence was submitted and considered to to include without limitation: a. site plan and elevations consisting of three pages submitted by the applicant and received by the City on December 6, 1991. 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 reports (91-213V) dated December 23, 1991, February 5, 1992 and March 2, 1992 which are on file in the Department of Planning and Community Development; and e. Additional written documentation. WHEREAS, the New Encinitas Community Advisory Board made the following findings pursuant to Chapter 30.78, of the Encinitas Municipal Code: . 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 New Encinitas Community Advisory Board finds that no special circumstances apply to the subject property that would deprive the applicant of any privilege enjoyed by owners of other property in the vicinity and under identical zoning classification. The Board finds that the permitted 3 square foot off-site sign is adequate to direct the public to the subdivision. 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. . wp91-213V (1-6-92) Evidence: . The Board finds that granting approval of the requested variance would unnecessarily constitute a grant of special privilege to the applicant in that other property owners with major subdivisions located off of the main road utilize the permitted 3 square foot sign and install the 16 square foot signage at the location of the subdivision. 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. 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 is permitted in a residential 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: The New Encinitas CAB has determined that the applicant could utilize the permitted 3 square foot sign to direct persons to the subdivision. Further the applicant has a large sign located at the subdivision site. The project does not constitute a rezoning since off-site signs are permitted in residential zones. There is no evidence to indicate a public or private nuisance exists on the subject property. . WP91-213V (1-6-92) NOW, THEREFORE, BE IT RESOLVED THAT the application for . Variance 91-213-V is hereby denied. PASSED AND ADOPTED this 6th day of January, 1992, by the following vote, to wit: AYES: Patton, Weaver, Beck NAYS: Grajek, Felker ABSENT: None ABSTAIN: None '1'~ 'f).' lC'\ . / IQ'(~ /~\.- Greg Graj~, Chairman o~ the New Encinitas Community Advisory Board . ATTEST: (1"" e . ~ Craig R. Olson, Assistant Planner . LN/CAB14-189wp