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1991-16 . RESOLUTION NO. NE-91- 16 A RESOLUTION OF THE NEW ENCINITAS COMMUNITY ADVISORY BOARD APPROVING A VARIANCE REQUEST TO ENCROACH 4 FEET 9 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 revised variance application to" Section 30.16.010 A10 of the Municipal Code to permit a proposed one-story addition to encroach four feet nine 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 original variance application on August 5, 1991 and was denied by the Board without prejudice to allow the resubmittal of revised plans; and WHEREAS, a revised application for a variance to the 25 foot rear yard setback standard was submitted by the applicant; and WHEREAS, the Community Advisory Board considered without limitation; 1. The staff reports dated July 31, and October 2, 1991; 2. The adopted General Plan, Zoning Code and associated Land Use Maps; . 3. Oral evidence submitted at the hearings; 4. Written evidence submitted at the hearings; GREENSR 6(07-31-91) - . 5. Revised 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 September 19, 1991; and WHEREAS, the New Encinitas Community Advisory Board made the findings for Variance approval pursuant to Section 30.78.030 of the City of Encinitas Zoning Ordinance as follows: (see Attachment "A") NOW, THEREFORE, BE IT RESOLVED by the New Encinitas Community Advisory Board of the City of Encinitas that revised application 91-101V is hereby approved subject to the following conditions: (1) Plans submitted for building plan check shall conform to the variance request as submitted to, and approved by, the New Encinitas Community Advisory Board. . (2) Prior to foundation and/or pad preparation for the proposed addition, 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. (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 GREENSR 7(07-31-91) - . variance to have expired with the privileges granted thereby canceled. (4) Fire Department: Applicant shall contact the Fire Prevention District regarding compliance to the following conditions prior to building permit issuance: (a) Address numbers shall be clearly visible from the street fronting the structures. (b) Prior to building permit issuance, the applicant shall submit a letter from the Fire District stating that all development impact, plan check and/or cost recovery fees have been paid or secured to the satisfaction of the District. . (5) The developer shall comply with all the rules, regulations and design requirements of the respective utility agencies regarding services to the project. (6) The developer shall be responsible for coordination with S.D.G.& E., Pacific Telephone, and other applicable utility authorities. (7) All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. . (8) In the event that one or more of the conditions imposed on the variance is violated, the Director, upon notice GREENSR 8(07-31-91) - . and an opportunity to present information, may revoke the variance or impose additional conditions. (9) 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. (10) The property owner shall pay flood control and any other development impact fees as required by Municipal Code prior to final inspection/occupancy of the subject structure. . (11) Permits or findings of exemption shall be obtained from the State Coastal Commission and any other applicable Government agencies. 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 15303(e) of CEQA. . GREENSR 9(07-31-91) - . PASSED AND ADOPTED this 7th day of October, 1991 by the following vote, to wit: AYES: Grajek, Patton, Beck, Weaver, Felker NAYS: None ABSENT: None ABSTAIN: None C ATTEST: rJ . i ~ ~ f- . c..-;'y- . Craig R. Olson, Assistant Planner . GREENSR 10(07-31-91) - . ATTACHMENT "A" RESOLUTION NO. 16 CASE * 91-101 V Findings for Variance approval pursuant to Section 30.078.070 of the Municipal (Zoning) Code: (1) 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 the existing structure, in combination with the relatively small lot and the 25 foot rear yard setback, requires variance to permit a remodel to provide adequate privacy, access, light and ventilation to the existing master bedroom. Without some degree of variance to the rear yard setback standard, the applicant would be deprived of a remodeled structure of adequate size to provide the privacy, access, light and ventilation enjoyed by other property owners in the vicinity. . 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 granting approval of the revised variance would not constitute a grant of special privilege to the applicant due to the relatively small lot size and the orientation of the existing structure on the lot prohibiting a remodel of the structure wi thin the setbacks established by Code to allow adequate access, light and air as enjoyed by other property owners within the same zoning district. The Board acknowledges that the existing residence has less living area square footage than current square footage required for similar homes and without variance, the expansion of the existing structure would be extremely limited. 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. . GREENSR 11(07-31-91) - . 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 varl.ance; 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 4. Would authorize or legalize the maintenance of any private or public nuisance. Evidence: The Board finds that the revised variance application is warranted due to the current interior circulation pattern of the structure and the confined area of the buildable rear yard area outside the 25 foot setback. The . Board finds that some degree of variance is warranted to allow a remodel which affords the bedroom access and adequate light and air while providing a greater degree of privacy. The Board also finds that an alternate development plan which would conform to the rear yard setback standard would not have any less significant impact to the site and adjacent properties than the submitted project since a 20 foot 3 inch setback is maintained from the rear property line. . GREENSR 12(07-31-91) -