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