1991-13
. RESOLUTION NO. NE 91-13
A RESOLUTION OF THE NEW ENCINITAS
COMMUNITY ADVISORY BOARD APPROVING A VARIANCE
REQUEST FOR A 3'4" ENCROACHMENT INTO A
REQUIRED 25' REAR YARD SETBACK AREA
FOR PROPERTY LOCATED AT
1358 AHLRICH AVENUE
(CASE NO. 91-122-V)
WHEREAS, Terry Kaltenback applied for a Variance in accordance
with Chapter 30.78 Variances from Section 30.16.010 Residential
Zones of the City of Encinitas Zoning Ordinance to allow a two
story addition to an existing residence encroach a maximum of 3'4"
into the required 25' rear yard setback for property located at
1358 Ahlrich Avenue, and legally described as follows:
That portion of the south half of the southwest quarter of the
Lot 127 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 the County Recorder of San Diego
. County, July 19, 1973.
WHEREAS, a public hearing was conducted on application
No. 91-122V on August 5, 1991 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, floor plans and elevations consisting of three
pages submitted by the applicant and received by the city
on July 1, 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 report (91-122V) dated July 22, 1991 which is
on file in the Department of Planning and Community
Development; and
e. Additional written documentation.
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. 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 due
to the unique angle of the lot, the askew nature of the
structure on the lot, and the interior circulation of the
existing structure; the northeast section of the
structure is the only logical place for the addition to
be placed and the variance is, therefore, warranted.
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 Board finds that the allowed use of the R-5 property
is single family residential. It is not a special
privilege to allow the construction of an addition onto
the single family residence on an R-5 lot. The Board
finds that the special circumstances which apply to the
subject lot and existing structure constitute adequate
reason for the varl.ance approval and no special
conditions are necessary since the variance does not
authorize a grant of special privilege.
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
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. regulations governing this property since the use is a
single family dwelling which is consistent with the R-5
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
. approximately 63 square feet of building that encroaches
into the rear yard setback is warranted due to the
special circumstances applicable to the lot and structure
(as discussed in these findings) and an alternate
development plan would not be of any less significant
impact to the site and adjacent property than the
approved project. The request is not self induced since
the Board has determined that special conditions
applicable to the property and existing structure
warrants the variance approval. The project does not
constitute a rezoning since single family residences are
a permitted use in the R-5 Zone. No evidence has been
received to indicate a public or private nuisance exists
on the subject property.
NOW, THEREFORE, BE IT RESOLVED THAT the application for
Variance 91-122-V is hereby approved subject to the following
conditions:
(1) Buildinq Department: Plans shall be submitted to the
Building Department for plan check approval. A complete
plan check will be done when plans are submitted to the
Building Department.
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. (2) Fire Department: Prior to building permit issuance,
applicant shall submit a statement from the Fire District
to the Community Development Department indicating that
all development impact, plan check and/or cost recovery
fees have been paid. Address numbers shall be clearly
visible from the street fronting the structure.
(3) If substantial construction has not been completed in
reliance upon a granted variance within one year of the
grant, then upon notice to the property owner, and an
opportunity to present information to the Community
Development Director, the Director may declare the
variance to have expired with the privileges granted
thereby canceled.
(4) In the event that one or more of the conditions imposed
on the variance is violated, the Director, upon notice
and an opportunity to present informationì may revoke the
variance or impose additional conditions.
(5) The approved project shall conform to plans reviewed and
approved by the New Encini tas Board and SHALL NOT be
increased in height, extended beyond the limitations of
the approved variance, or otherwise modified beyond the
approved plans and limitations of this variance without
prior approval by the city.
. (6) Permits or findings of exemption shall be obtained from
the state Coastal Commission and any other applicable
Government Agencies.
(7) The applicant shall cause to be recorded a covenant
regarding real property which sets forth this grant of
approval. The covenant shall be in form and content
satisfactory to the Director of Planning and Community
Development.
(8) Prior to foundation and/or pad preparation for the
proposed remodel, the property shall be staked and lined
to indicate all property lines to the satisfaction of the
Director of Community Development. An inspection shall
be made of the site prior to Building Department
inspection of the foundations for the portion of the
structure requiring the variance.
(9) A proponent or protestant of record may appeal a final
decision of the hearing body by filing the appeal within
fifteen (15) calendar days of the hearing body's decision
pursuant to Chapter 1. 12 of the Encini tas Municipal Code.
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. this day of August, by the
PASSED AND ADOPTED 5th 1991,
following vote, to wit:
AYES: Weaver, Patton, Grajek
NAYS: Beck
ABSENT: Felker
ABSTAIN: None
. ATTEST:
i' .~
-t:
Assistant
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