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1993-10 RESOLUTION NO. L 93-10 8 A RESOLUTION OF THE LEUCADIA COMMUNITY ADVISORY BOARD APPROVING A VARIANCE TO ENCROACH 9 FEET INTO THE REQUIRED 25 FT FRONT YARD SETBACK (AFTER 7 FOOT DEDICATION) OF THE R-3 ZONE FOR AN ADDITION TO AN EXISTING SINGLE FAMILY HOME FOR PROPERTY LOCATED AT 419 PUEBLA STREET (CASE NUMBER 93-092 V) WHEREAS, a request for consideration of a Variance was filed by Mr. Michael Witkin to encroach 9 feet into the required 25 foot front yard setback (after 7 foot dedication) of the R-3 zone for an addition to an existing single family home in accordance with Chapter 30.78 of the City of Encinitas Municipal Code, for the property located at 419 Puebla Street, legally described as: Lot 12 in Block 3 of Avocado Acres, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 1791, filed in the office of the County Recorder of San Diego County. WHEREAS, a public hearing was conducted on the application on July 8, 1993, by the Leucadia Community Advisory Board; and WHEREAS, the Board considered: 8 1. The July 1, 1993 staff report to the Community Advisory Board with exhibits; 2. Application and project plans dated received May 18, 1993; 3. Statement regarding proposed addition from Michael Witkin, Architect dated received May 18, 1993; 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") NOW, THEREFORE, BE IT RESOLVED that the Leucadia Community Advisory Board of the City of Encinitas hereby approves application 93-092 V 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) since the project is an addition of less than 2,500 sq ft in an area with existing facilities and is not located on environmentally sensitive land. 8 CD/CMD/SR93092.LE1 (7-l-93) PASSED AND ADOPTED this 8th day of July, 1993, by the 8 following vote, to wit: AYES: Buck, Burkhart, Eldon, Fahlberg, Hughes NAYS: None ABSENT: None ABSTAIN: None " ...."..' 0./ 1'#'" , Marilyn Búck, \ " Chair of the Leucadia Community Advisory Board 8 8 CD/CMD/SR93092.LE1 (7-1-93) ATTACHMENT "A" 8 Resolution No. L 93-10 Case No. 93-092 V Applicant: Michael Witkin 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 encroach 9 feet into the required 25 foot front yard setback (after 7 foot dedication) of the R-3 zone for an addition of two bedrooms and one bathroom to an existing single family home. The proposed setback is sixteen feet which will align with the existing patio cover 8 located at the front entrance to the home. Discussion: Special circumstances may be applicable to this property since the lot size is 4,305 sq ft less than the mlnlmum lot size in the R-3 zone. As a result of this application, a dedication of seven feet is required along Puebla Street. Conclusion: Therefore, the Board finds that special circumstances are applicable to the pro j ect due to the lot size, and the location of the structure on the lot which denies the applicant the ability to construct a room addition without 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 encroach 9 ft into the required 25 ft front yard setback (after 7 ft dedication) of the R-3 zone for two bedrooms and a bathroom addition. The proposed setback is 16 feet. 8 CD/CMD/SR93092.LE1 (7-1-93) 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 than that of the applicant due to lot size, orientation and location of the residence on the lot. As evidenced by surrounding properties that enjoy lot depths of 145 ft to 200 ft. The lot depth of the subject parcel is 120 ft. 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 encroach 9 ft into the 25 ft front yard setback (after 7 ft dedication) of the R-3 zone to construct an addition to an existing single family home. The room addition will not change the residential use or character of the residential unit. 8 Discussion: The grant of this variance does not authorize a use or activity which is not expressly permitted in the R-3 zone. Conclusion: Therefore, the Board finds that the grant of this variance will not change the residential use or character of the residential unit. 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. 8 CD/CMD/SR93092.LE1 (7-1-93) 8 Facts: The proposal is to encroach 9 ft into the required 25 ft front yard setback (after 7 ft dedication) of the R-3 zone for a two bedroom and bathroom addition to an existing single family home. Discussion: Based on a site analysis which includes building and parking location on the site, lot dimensions, orientation, and size, location of required setbacks, there is no feasible alternate development plan available which would allow an addition of two bedrooms and bathroom without the benefit of a variance. In addition, the project is not self-induced since the need for the variance is due to the original lot dimensions and building orientation. 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 8 CD/CMD/SR93092.LEl (7-l-93) ATTACHMENT "B" 8 LEUCADIA COMMUNITY ADVISORY BOARD RESOLUTION NO. L-93-10 1. GENERAL CONDITIONS A. This approval will expire in two years, on July 8, 1995, at 5:00 p.m. unless the conditions have been met 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 Development 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, Uniform Plumbing Code, National Electric Code, 8 Uniform Fire Code, and all other applicable codes and ordinances in effect at the time of building permit issuance unless specifically waived herein. E. This approval shall become null and void if building permits are not issued for this project within two years from the date of project approval. F. 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 May 17, 1993 and signed as approved on July 8, 1993 by the Leucadia Community Advisory Board and which are on file in the Community Development Department and the conditions contained herein. 8 CD/CMD/SR93092.LE1 (7-1-93) 8 B. For new residential dwelling unites) or additions to existing units, the applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, School Fees, Water and Sewer Service Fees, Traffic Fees, Drainage Fees, 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: 8 3. FIRE 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. 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. APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 4. A. Seven ( 7) feet of frontage along Puebla Street shall be dedicated by the developer based on a center line to right-of-way width of 27 feet and in conformance with City of Encinitas Standards. 8 CD/CMD/SR93092.LE1 (7-1-93)