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1991-12 . RESOLUTION NO. NE-91-12 A RESOLUTION OF THE NEW ENCINITAS COMMUNITY ADVISORY BOARD DENYING A VARIANCE REQUEST TO ENCROACH 10 FEET 3 INCHES INTO THE 25 FOOT REAR YARD SETBACK FOR A ONE-STORY ADDITION TO AN EXISTING SINGLE FAMILY RESIDENCE LOCATED AT 1644 TRAVELED WAY (CASE NO.: 91-101V) WHEREAS, John and Mary Jane Greenland applied to the New Encinitas Community Advisory Board for consideration of a variance to Section 30.16.010 A10 of the Municipal Code to permit a proposed one-story addition to encroach ten feet three inches into the required 25 foot rear yard setback per Chapter 30. 78 (Variances) of the Municipal Code of the City of Encinitas; WHEREAS, the property is located at 1644 Traveled Way and legally described as: . Lot 96 VILLANITAS, UNIT NO. 1, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7280, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, MAY 17,1972. WHEREAS, a public hearing was conducted on the variance application on August 5, 1991; and WHEREAS, the Community Advisory Board considered without limitation; 1. The staff report dated July 31, 1991; 2. The adopted General Plan, Zoning Code and associated Land Use Maps; 3. Oral evidence submitted at the hearing; 4. Written evidence submitted at the hearing; 5. Development plans consisting of one page showing the site plan and the proposed addition in elevation and plan view submitted by the applicant and dated received by the City on June 12, . 1991; and GreenReso Page 1 of 5 . WHEREAS, the New Encinitas Community Advisory Board made the findings for denial without prejudice to resubmit a revised application of the variance request pursuant to Section 30.78.030 of the City of Encinitas Zoning Ordinance as follows: A. A Variance from the terms of the Zoning Ordinance 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 classification. Evidence: The New Encinitas Community Advisory Board finds that no special circumstances apply to the subject property, . structure, or adjoining properties or structures that would deprive the applicant of any privilege enjoyed by owners of other property in the vicinity. The Board finds that the existing structure may be remodeled to provide adequate privacy, access, light and ventilation to the existing master bedroom by utilizing an alternate development plan which would extend the bedroom only 8 ft. 9 in. and, thereby, conform to the required rear yard setback; or otherwise redesign to have a less significant impact upon the subject property and surrounding property than the plan submitted to the Board. 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 GreenReso Page 2 of 5 . 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 in the vicinity would need to comply to current rear yard setback restraints if they proposed to remodel their residences. However, the Board acknowledged that existing residences in the neighborhood tend to have living areas less than current square footage required for today's more modern homes and the smaller lot sizes may warrant consideration of a redesigned project with a lesser degree of variance. 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 Board finds that the residential use of the property conforms to the allowed uses within the R-8 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 then 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 of the Zoning Code; or GreenReso Page 3 of 5 . 4. Would authorize or legalize the maintenance of any private or public nuisance. Evidence: The Board finds that an alternate development plan could be utilized which would provide the needed privacy, access, light and ventilation to the master bedroom without having to encroach into the required 25 foot rear yard setback to the extent proposed by the plans submitted by the applicant and reviewed by the Board. An alternate plan could propose a smaller encroachment, or could extend 8 ft. 9 in. beyond the existing northerly exterior wall to conform to the 25 foot setback. Such an extension would allow sufficient area to place a sliding glass door along the west wall and to provide area for a window along the east wall. The requested variance . is seen as self-induced since the applicant's design tends to unnecessarily encroach into the required rear yard setback. To approve the variance could set a precedent for other property owners in the vicinity to request reduced rear yard setbacks to the extent proposed by the applicant for future remodels within the neighborhood. . GreenReso Page 4 of 5 . PASSED AND ADOPTED this 5th day of August, 1991 by the following vote, to wit: AYES: Patton, Beck, Weaver, Grajek NAYS: None ABSENT: Felker ABSTAIN: None Greg G New En Board AT~ ~ , u-9~ Craig R. Olson, Assistant Planner . . GreenReso Page 5 of 5