1993-12
RESOLUTION NO. L 93-12
8 A RESOLUTION OF THE LEUCADIA COMMUNITY ADVISORY BOARD
APPROVING A VARIANCE TO ALLOW A PORTION OF AN EXISTING DETACHED
GARAGE TO BE CONVERTED INTO A 300 SQ. FT. ACCESSORY UNIT WHICH
ENCROACHES 6.5 FT. INTO THE REOUIRED 10 FT. SIDE YARD SETBACK AND
10.7 FT. INTO THE REQUIRED 25 FT. REAR YARD SETBACK FOR A TOTAL
SETBACK OF 3.5 FT. FROM THE SIDE AND 14.3 FT. FROM THE REAR; AND
A 300 SQ. FT. ADDITION TO THE GARAGE WHICH ENCROACHES 6.5 FT.
INTO THE REQUIRED 10 FT. SIDE YARD SETBACK FOR A TOTAL SETBACK OF
3.5 FT. IN THE R-5 ZONE FOR PROPERTY LOCATED AT 1730 WILSTONE AVE
(CASE NUMBER 93-122 V)
WHEREAS, a request for consideration of a Variance was filed
by Scott and Suzanne Morris to allow a portion of an existing
detached garage to be converted into a 300 sq. ft. accessory unit
which encroaches 6.5 ft. into the required 10 ft. side yard setback
and 10.7 ft. into the required 25 ft. rear yard setback for a total
setback of 3.5 ft. from the side and 14.3 ft. from the rear; and to
construct a 300 sq. ft. addition to the garage which encroaches 6.5
ft. into the required 10 ft. side yard setback for a total setback
of 3.5 ft. in accordance with Chapter 30.78 of the City of
Encinitas Municipal Code, for the property located at 1730 Wilstone
Avenue, legally described as:
8 The South one-half of Lot 9, Block B of Avocado Acres, Unit
No.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, a public hearing was conducted on the application on
August 5, 1993, by the Leucadia Community Advisory Board; and
WHEREAS, the Board considered:
1. The August 5,1993 staff report to the Community Advisory
Board with exhibits;
2. Application and project plans dated received July 6,
1993;
3. Statement regarding proposed project from Scott and
Suzanne Morris.
4. Oral evidence submitted at the hearing;
5. Written evidence submitted at the hearing; and
WHEREAS, the Community Advisory Board made the following
findings pursuant to Chapters 30.78 of the Encinitas Municipal
Code:
(SEE ATTACHMENT "A")
8 NOW, THEREFORE, BE IT RESOLVED that the Leucadia Community Advisory
Board of the City of Encinitas hereby approves Case No. 93-122 V
8 subject to the following conditions:
(SEE ATTACHMENT "B")
BE IT FURTHER RESOLVED that the Community Advisory Board found
the project exempt from environmental review pursuant to CEQA
Section 15301 (e-1), 15303(b), and 15305(a) since the project is an
addi tion of less than 2,500 sq ft in an area with existing
facilities and is not located on 'environmentally sensitive land.
PASSED AND ADOPTED this 9th day of September, 1993, by the
following vote, to wit:
AYES: Buck, Eldon, Fahlberg, Hughes
NAYS: None
ABSENT: Burkhart
ABSTAIN: None ~
Marilyn Buck,
Chair of the Leucadia
8 Corununity Advisory Board
ATTLfJ
~stoPher M. Durand,
Planning Technician
8
ATTACHMENT "A"
8 Resolution No. L 93-12
Case No. 93-122 V
Applicant: Scott and Suzanne Morris
Findings: (Code Section, Factual Circumstances, Reasoning,
Conclusion)
What follows are the findings of fact the Board must make to
approve the variance request pursuant to Zoning Ordinance Section
30.78.030:
A. A variance from the terms of the zoning regulations 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
regulations deprives such property of privileges enjoyed by
other property in the vicinity and under the same zonlng
classification.
Facts: The proposal is to allow a portion of an existing
detached garage to be converted into a 300 sq. ft. accessory
unit which encroaches 6.5 ft. into the required 10 ft. side
yard setback and 10.7 ft. into the required 25 ft. rear yard
setback for a total setback of 3.5 ft. from the side and 14.3
8 ft. from the rear; and construct a 300 sq. ft. addition to the
garage which would also encroach 6.5 ft. into the required 10
ft. side yard setback for a total setback of 3.5 ft.
Discussion: Special circumstances may be applicable to this
property due to the location of the existing dwelling unit and
the presence of several mature trees.
Conclusion: Therefore, the Board finds that special
circumstances are applicable to the project due to the
location of the structure on the lot and the existing trees
which denies the applicant the ability to construct an
accessory unit without the benefit of a variance.
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 same vicinity and
zone in which property is situated.
Facts: The proposal is to construct an accessory unit within
a detached garage which encroaches into the required side and
rear yard setback.
Discussion: The grant of this variance does not constitute a
8 grant of special privileges inconsistent with the limitations
upon other properties since other property owners are not
subject to the same degree of building envelope constraints
8 than that of the applicant due to orientation and location of
the existing residence on the lot.
Conclusion: Therefore, the Board finds that the grant of this
variance does not constitute a grant of special privileges
inconsistent with the limitations upon other property owners
in the neighborhood.
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 regulations governing the parcel of
property. The provisions of this section shall not apply to
use permits.
Facts: The proposal is for a variance to allow the conversion
of a detached garage into an accessory unit which encroaches
into the side and rear yard setback.
Discussion: The grant of this variance does not authorize a
use or activity which is not expressly permitted in the R-5
zone since accessory units are permitted by right in single
family zones.
Conclusion: Therefore, the Board finds that the grant of this
variance will not change the residential use or character of
the neighborhood.
8 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;
4. Would authorize or legalize the maintenance of any public
or private nuisance.
Facts: The proposal is for a variance to allow the conversion
of a detached garage into an accessory unit which encroaches
into the side and rear yard setback.
Discussion: Based on a site analysis which includes building
and parking location on the site, lot dimensions, building
orientation, and size, and location of required setbacks,
8 there is no reasonable alternate development plan available
which would be of less impact to the site and surrounding
properties. In addition, the project is not self-induced
8 since the need for the variance is due to the original lot
dimensions and the location of the buildings on the site.
Additionally, the grant of this variance will not constitute
a rezoning or other amendment to the Municipal Code since the
need of the variance is due to the special characteristics of
the subject lot. Finally, there is no evidence that the grant
of this variance will authorize the maintenance of a public or
private nuisance.
Conclusion: Therefore, the Board finds that there are no
alternate development plans available which would be of less
impact to the site, the variance is not self-induced, it will
not constitute a rezoning or amendment to the Municipal Code,
and it will not authorize the maintenance of a public or
private nuisance.
8
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8 ATTACHMENT "B"
LEUCADIA COMMUNITY ADVISORY BOARD
RESOLUTION NO. L-93-12
1. GENERAL CONDITIONS
A. This approval will expire in two years, on
September 9, 1995, at 5:00 p.m. unless the
conditions have been met, building permits have
been obtained, or an extension has been approved by
the Authorized Agency.
B. This approval may be appealed to the authorized
agency wi thin 15 calendar days from the date of
this approval.
C. Approval of this request shall not waive compliance
with any section of the Zoning Code and all other
applicable City Ordinances in effect at the time of
Building Permit issuance unless specifically waived
herein.
D. The applicant shall comply with the latest adopted
Uniform Building Code, Uniform Mechanical Code,
8 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 unless specifically waived herein.
E. Permits from other agencies will be required as
follows:
0 Coastal Commission
APPLICANT SHALL CONTACT THE DEPARTMENT OF COMMUNITY DEVELOPMENT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
2. SITE DEVELOPMENT
A. Site shall be developed in accordance with the
approved site plans which are dated July 6, 1993
and signed as approved on September 9, 1993 by the
Leucadia Community Advisory Board and which are on
file in the Community Development Department and
the conditions contained herein.
B. For new residential dwelling unites) or additions
to existing units, the applicant shall pay
development fees at the established rate. Such
8 fees may include, but not be limited to: Permit
and Plan Checking Fees, School Fees, Water and
Sewer Service Fees, Traffic Fees, Drainage Fees,
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8 and Park Fees. Arrangements to pay these fees
shall be made prior to final inspection or as
deemed necessary by the appropriate agency.
C. Owner(s) shall enter into and record a covenant
satisfactory to the City Attorney recording the
variance approval and waiving any claims of
liability against the City and agreeing to
indemnify and hold harmless the City and City's
employees relative to the approved project.
D. Any change to the natural drainage or concentration
of drainage shall be adequately handled and shall
not impact adjacent properties.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
3. FIRE
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A. Address numbers shall be placed in a location that
will allow them to be clearly visible from the
street fronting the structure. The height of the
numbers shall conform to Fire District standards.
8 NOTE: Where structures are located off a roadway
on long driveways, a monument marker shall be
placed at the entrance where the driveway
intersects the main roadway. Permanent numbers
shall be affixed to this marker.
B. Smoke detectors shall be inspected by the Fire
Department.
C. 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.
D. Structures shall be protected by an automatic fire
sprinkler system installed to the satisfaction of
the Fire District.
It
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