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.
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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
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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.
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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.
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CD/CMD/SR93092.LE1 (7-1-93)