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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. . MB/03/CRO8-711wp5 (3-128-91-4) Page 1 of 5 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. . MB/03/CRO8-711wp5 (3-128-91-4) Page 2 of 5 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; . MB/03/CRO8-711wp5 (3-128-91-4) Page 3 of 5 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. . MB/03/CRO8-711wp5 (3-128-91-4) Page 4 of 5 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 . MB/03/CRO8-711wp5 (3-128-91-4) Page 5 of 5