1991-04
. RESOLUTION NO. NE 91-04
A RESOLUTION OF THE NEW ENCINITAS
COMMUNITY ADVISORY BOARD
CITY OF ENCINITAS, APPROVING
A VARIANCE TO ENCROACH
3' INTO THE REQUIRED 10' STREET SIDE
YARD SETBACK FOR A 2ND STORY ADDITION
LOCATED AT 2106 PARK DALE LANE
(CASE NUMBER 90-279V)
WHEREAS, a request for consideration of a Variance was filed
by Dura Bilt Construction to allow a variance for a 2nd story
addition to encroach 3 feet into the required 10 foot street side
yard setback, as per Chapter 30.78 of the City of Encinitas
Municipal/zoning Codes, for the property located at 2106 Park Dale
Lane, legally described as;
. Lot 447 of Village Park Unit No. 11, in the City of
Encinitas, County of San Diego, State of california,
according to map thereof No. 7641 filed in the office of
the County Recorder of said County, 5-23-73.
WHEREAS, a public hearing was conducted on the application on
February 4, 1991; and
WHEREAS, the community Advisory Board considered:
1. The staff report dated January 23, 1991;
2. The application and maps submitted by the applicant;
3. Oral evidence submitted at the hearing;
4. Written evidence submitted at the hearing.
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WHEREAS, the New Encinitas Community Advisory Board made the
. following findings pursuant to section 30.78.030 of the 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 property, in particular the east boundary,
has an irregular shape. Further, this property has three
street side yards. In addition to the irregular shape
of the property, the garage currently encroaches into the
street side yard at the east property line. To locate
the proposed second story at the western half of the
residence would allow the second story to encroach 6'
into the opposite street side yard setback.
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 allowed use of the property is single
family residential and accessory uses (those things
associated with an average single family use such as
pools, utility sheds, patios, decks, play yards, etc.).
It would not be a special privilege to allow a second
story for the subject property since other residences in
the immediate area have second story additions and two
story residences are permitted in any residential zoning
district. Further, the other lots in the area are not
subject to irregular property lines.
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: with the second story addition, the use of the
structure remains a single family residence, a use
permitted by right in the R-8 zone. Therefore, allowing
the addition will not constitute a use or activity not
otherwise allowed by this Code.
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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:
1. Due to the location of the existing residence,
placing the second story over the western portion
of the residence would require a larger setback
variance request, thus creating more of an impact.
The proposed second story addition is in keeping
with the other second stories in the neighborhood.
. 2. The subdivision of Village Park was approved and
constructed in this manner.
3. The variance would not constitute a rezoning or
other amendment to the zoning code.
4. No evidence has been submitted to indicate that the
variance, if granted, would authorize or legalize
the maintenance of any private or public nuisance.
NOW, THEREFORE, BE IT RESOLVED by the New Encinitas Community
Advisory Board of the City of Encinitas that the variance is hereby
approved subject to the following conditions:
1. This approval will expire on February 4, 1992, one year
after the approval of this project unless the conditions
have been met, an extension has been approved by the
Authorized Agency, or Building Permits have been issued;
2. This approval may be appealed to the authorized agency
within 15 calendar days from the date of this approval;
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3. At all times during the effective period of this permit,
the applicant shall obtain and maintain in valid force
. and effect, each and every license and permit required
by a governmental agency for the operation of the
authorized activity;
4. At no time during the effective period of this permit
shall the applicant be delinquent in the payment of taxes
or other lawful assessments relating to the property
which is the subject of this permit;
5. In the event that any of the conditions of this permit
are not satisfied, the Planning Department shall cause
a noticed hearing to be set before the authorized agency
to determine why the City of Encinitas should not revoke
this permit;
6. Upon a showing of compelling public necessity
demonstrated at a noticed hearing, the City of Encinitas,
acting through the authorized agency, may add, amend, or
delete conditions and regulations contained in this
permit;
7. Nothing in this permit shall relieve the applicant from
complying with the conditions and regulations generally
imposed upon activities similar in nature to the activity
authorized by this permit;
. 8. Nothing in this permit shall authorize the applicant to
intensify the authorized activity beyond that which is
specifically described in this permit;
9. Approval of this request shall not waive compliance with
any sections of the Zoning Code and all other applicable
City Ordinances in effect at the time of Building Permit
issuance unless specifically waived herein;
10. The applicant shall comply with the latest adopted
Uniform Building Code, Uniform Mechanical Code, Uniform
Plumbing Code, National Electric Code, Uniform Fire Code,
and all other applicable codes and ordinances in effect
at the time of building permit issuance if applicable;
11. This approval shall become null and void if building
permits are not issued for this project within one year
from the date of project approval;
12. Permits or findings of exemption shall be obtained from
the state Coastal Commission and any other applicable
Government agency.
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13. Prior to Building Permit issuance the applicant shall
submit a letter from the Fire District stating that all
. project review fees have been paid; and
14. Address number shall be clearly visible from the street
fronting the structure.
15. All construction to be built in accordance with the
approved plans dated received by the City on December 17,
1990.
BE IT FURTHER RESOLVED by the New Encinitas Community Advisory
Board of the City of Encinitas that:
This project was found to be exempt from environmental review,
per Section 15301 (e) of CEQA.
PASSED AND ADOPTED this 4th day of February, 1991, by the
following vote, to wit:
AYES: Patton, White, Beck, Grajek
NAYS: None
. ABSENT: Quinn
~ ~~ Ùr--
ABSTAIN: None
Anne Patton, Chairperson of the New
Encinitas Community Advisory Board
ATTEST: ~
Cf2-~~ e . 0 . -r----
Craig R. Olson, Assistant Planner
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