1994-06
RESOLUTION NO. L-94-06
8 A RESOLUTION OF THE LEUCADIA
COMMUNITY ADVISORY BOARD OF THE CITY OF ENCINITAS
APPROVING A SUBSTANTIAL CONFORMANCE REQUEST TO
ALLOW FOR AN ADDITIONAL TWO FOOT WIDTH AND A ROOF DECK
FOR A REMODELED DETACHED STRUCTURE
PREVIOUSLY APPROVED AS VARIANCE 93-122
FOR PROPERTY LOCATED AT 1730 WILSTONE AVENUE
(CASE NO. 94-095 ADP; APN:. 254-072-13)
WHEREAS, Scott and Suzanne Morris applied for a Substantial
Conformance Determination to permit a Roof-top Deck and to expand
the width of a proposed Garage and Accessory unit by two feet for
a project previously approved as Variance 93-122 for property
located at 1730 Wilstone Avenue, legally described as:
THE SOUTH ONE-HALF OF LOT 9, BLOCK B OF AVOCADO ACRES, UNIT 2,
IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1802, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 6,
1924.
WHEREAS, the Leucadia Community Advisory Board conducted a
Public Hearing on the application requests on July 7, 1994 and
8 considered without limitation:
The Leucadia
1. Agenda Report for the July 7, 1994 CAB
meeting;
2. the Substantial Conformance Determination application,
the elevation drawing and site plan and other related
material dated received by the city on June 22, 1994;
3. The adopted General Plan, Zoning Code and associated Land
Use Maps;
4. written evidence and oral testimony received at the
Public Hearing; and
WHEREAS, the Leucadia Community Advisory Board made the
required findings pursuant to section 23.08.140B of the Encinitas
Municipal Code:
(See Attachment "1")
NOW THEREFORE, BE IT RESOLVED that the Substantial Conformance
Determination for Variance Number 93-122 is hereby approved subject
to the following conditions:
8 cd/DSL/RL94095.406 (7/12/95) -1-
1. All conditions specified within Resolution L-93-l2 shall
8 be ~omplied with in conformance with the approval of
Varlance 93-122.
2. This approval may be appealed to the Planning Commission
within 15 calendar days from the date of this approval.
BE IT FURTHER RESOLVED that the Leucadia Community Advisory
Board, as Lead Agency and in their independent judgement, finds
this project to be exempt from Environmental Review pursuant to
Section l530l(e) of the CEQA Guidelines since the project is for an
addition to an existing structure.
PASSED AND ADOPTED this 7th day of July 1994, by the following
vote, to wit:
AYES: Boardmembers Buck, Burkhart, Eldon, Hughes and suttie
NAYS: None
ABSENT: None
ABSTAIN: None
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Marllyn BU~~ Chálrpersón ~f the
Leucadia Community Advisory Board
ATTEST:
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Diane S. Langager /
Assistant Planner'
8
ATTACHMENT "1"
8 RESOLUTION NO. L-94-06
Findings Pursuant to
section 23.08.140 (Substantial Conformance)
of the Encinitas Municipal Code:
1. No project condition is changed or deleted.
Facts: The application is a request for a Substantial
Conformance Determination to allow for an additional 2 foot
width for an Accessory Unit and Garage and for a roof-deck for
a project previously approved by Variance 93-122.
Discussion: The modifications to the original approved
Variance will not change the approved encroachments into the
interior side yard and the rear yard setbacks and no changes
to the conditions specified in Resolution No. L-93-l2 are
required.
Conclusion: Therefore, the Leucadia Community Advisory Board
finds that the original conditions have not changed and have
been made a part of this Substantial Conformance
Determination.
2. No feature, facility or amenity is deleted or
8 substantially altered which had been considered essential to the
original project by the approving body.
Facts: The design of the remodeled structure is one-story so
as not to adversely impact on the privacy of neighboring
property. The existing detached garage was setback 3 feet 6
inches from the interior side yard and 14 feet 4 inches from
the rear yard property lines. The remodeled structure was
approved by the Variance to continue the setback lines of the
existing detached garage although current Code standards
requlre a 10 foot side yard setback and a 25 foot rear yard
setback.
Discussion: The additional two foot width of the garage would
be located on the interior portion of the lot. Therefore, the
setback of 3 feet 6 inches from the interior side yard lot
line (which was approved by the Variance) will not change.
The roof deck above the remodeled garage is proposed to be
situated so as to only provide a view into the rear yard of
the subject property, thereby protecting the privacy of
adjoining lots.
Conclusion: The Leucadia Community Advisory Board finds that
the modifications do not impact the essential elements of the
original Variance approval in that no additional encroachment
8
into setbacks is requested and the remodeled structure will
8 remain one-story in height and will not adversely impact the
privacy of adjacent properties.
3. The area of any residential floor plan is not decreased
nor increased by more than 5%.
Facts: The two foot addition to the width of the remodeled
garage is only an addition of approximately 31.5 square feet
(3.75% of the original 840 square foot proposal).
Conclusion: The Leucadia Community Advisory Board finds that
the modifications do not exceed 5% of the floor area of the
originally approved Variance application.
4. No additional lots or dwelling units are added, no public
or private open space is reduced in area, the shape and bulk of the
structures are not substantially altered, the grading of the lot is
not substantially increased or altered.
Facts: The requested modifications have no impact on the
number of lots or dwelling units, do not substantially change
the shape and bulk of the structure, and will not effect the
current grading of the lot.
Conclusion: Therefore, the Leucadia Community Advisory Board
8 finds that the modifications will not increase the number of
lots or dwelling units, will not substantially change the
shape and bulk of the structure, and will not effect the
current grading of the lot substantially beyond the previously
approved Variance application.
8