1993-04
. ATTACHMENT "A"
RESOLUTION NO. L-93-04
FINDINGS FOR APPROVAL OF A VARIANCE TO THE FRONT YARD
AND SIDE YARD SETBACKS
PURSUANT TO SECTION 30.78.030 OF THE MUNICIPAL CODE
TO ALLOW A PROPOSED ADDITION TO ENCROACH A
MAXIMUM OF 19' INTO THE REQUIRED 25' FRONT YARD SETBACK
FOR A TOTAL SETBACK OF 6'
AND A MAXIMUM OF l' INTO THE REQUIRED 5' SIDE YARD
FOR A TOTAL SETBACK OF 4'
CASE NO. 93-040 V
APPLICANT: MARK BIBLER AND HEATHER CARPENTER
Findings: 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. In reference to the Municipal Code section 30.87.030A, 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 zoning
. classification.
Facts: The proposàl is to encroach 19' into the required 25'
front yard setback for a total setback of 6' with an addition
to the existing single car garage and residence and to
encroach l' into the required 5' side yard setback for a total
setback of 4'. The existing residence and garage currently
encroaches into the side yard setback by 1 foot. The addition
is 26' from the front property line, however, due to an
easement located entirely within the property boundaries, the
front yard setback taken from the edge of the easement is 6'.
Mature landscaping and terrain constraints are evident on the
site.
Discussion: Due to the location of the private road easement
located entirely within the property boundaries and the
definition of front yard setback pursuant to the Municipal
Code, the front yard measurement is taken from the edge of the
easement. If the measurement were taken from the boundary
line, the setback would be consistent with required 25' front
yard setback. Further, the existing garage and residence
currently encroach l' into the required 5' side yard setback.
Adjacent to the existing garage is a retaining wall which the
applicant proposes to incorporate into the addition to the
residence, thereby maintaining the l' encroachment. The eave
overhangs are conditioned so that they maintain a 2' side yard
. setback. A two-car garage is a privilege enjoyed by others in
the area.
. Conclusion: Therefore, the Board finds that special
circumstances are applicable to the project due to the
location of the existing landscaping, terrain constraints,
garage and residence on the property and the location of the
access/utility easement located entirely within the property
boundaries.
B. In reference to the Municipal Code section 30.78.030B, 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 garage and residence currently encroach into the
side yard setback, and the applicant is proposing to utilize
the existing walls and retaining wall for the garage and
addition. Further, the addition does meet the 25' front yard
setback from the property line, but is only 6' from the
access/utility easement due to its location within the
property boundaries. Further, the appl icant has supplied
written and photographic information in the statement of
Justification that there are at least two other garages on
this private street that encroach into the required front yard
setback.
. Discussion: The proposal for converting the garage into
living area and adding a two-car garage is consistent with
other structures in the area, and it is not a special
privilege to allow the addition of a garage and addition onto
a single family residence on an R-8 lot. Further, the
proposal for construction of the garage and remodel will allow
the applicant to park two cars in a covered parking space
which is a privilege enjoyed by other properties in the
vicinity.
conclusions: The Board finds that the allowed use of the R-8
property is single family residential. It is not a special
privilege to allow the expansion of garage area and addition
onto the single family residence on the R-8 lot. The Board
finds that the special circumstances which apply to the
subject lot and existing structure constitute adequate reason
for the variance approval and no special conditions are
necessary since the variance does not authorize a grant of
special privilege. Further, the proposal for construction of
a garage will allow the applicant to park two cars in the
garage which is a privilege enjoyed by other properties in
the vicinity, and therefore, does not constitute a grant of
special privileges.
C. In reference to the Municipal Code section 30.78.030CA 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 to encroach a maximum of 19' into the
required 25' front yard setback with a garage expansion and to
encroach l' into the required 5' side yard setback with the
garage and residential addition. The residence and garage
currently encroach into the required side yard and the
proposed two-car garage would meet the required front yard
setback of 25' if the access/utility easement was not located
entirely within the subject property boundary lines.
Discussion: Additions to single family residential structures
are permitted in the R-8 zone, and garages are accessory to
the residential use, which is also permitted in the R-8 zone.
Conclusions: Approval of the residential addition and garage
encroachment will not result in any change in residential use
on the property.
D. In reference to the Municipal Code section 30.78.030D, 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 to encroach 19' into the required 25'
front yard setback and l' into the required 5' side yard
setback with a garage and addition. The residence and garage
currently encroach into the required side yard setback. The
garage addition requires a front yard setback variance due to
the location of the access/utility easement which is located
entirely within the property boundaries.
Discussion: The existing residence and garage currently
encroach into the 5' side yard setback by 1'. Adj acent to the
garage is a retaining wall, also located 4' from the side yard
property line. The applicant intends to use the footprint of
. the residence for the second story addition and to utilize the
retaining wall as part of the wall structure for the garage
. expansion. Any alternate development plan would require
either encroachment into the slope areas on the west side of
the property or removal of the mature landscaping in the
southern portion of the site. Further, the proposed design of
the garage and addition is sensitive to the views of the
adjacent neighbors. To locate the garage outside of the front
yard setback would require a second story addition and would
block the northwesterly view enjoyed by the neighbors to the
east.
Conclusions: Therefore, the Board finds that no alternate
development plan is possible which would be less impacting to
the site and adjacent properties, that the garage encroachment
is not self induced, and that the approval of this variance
will not result in a rezoning or other amendment to the Zoning
Ordinance, or legalize the maintenance of any public or
private nuisance.
.
.
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. ATTACHMENT liB"
RESOLUTION NO. L-93-04
CASE NO. 93-040 V
APPLICANT: MARK BIBLER AND HEATHER CARPENTER
Conditions:
1. This approval will expire in two years on April 8, 1995 at
5:00 p.m. unless the conditions have been met or an extension
has been approved by the Authorized Agency.
2. In the event that one or more of the conditions imposed on the
variance is violated, the Director of Community Development,
upon notice and an opportunity to present information, may
revoke the variance or impose additional conditions.
3. The approved project shall conform to site plan, elevations
and floor plans dated received by the City of Encinitas on
March 17, 1993 consisting of 5 sheets and reviewed and
approved by the Leucadia Community Advisory Board and shall
not be altered without review and approval by the Community
Development Department.
4. Permits or findings of exemption shall be obtained from the
state Coastal Commission and any other applicable Government
. Agencies.
5. 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.
6. A proponent or protestant of record may appeal a final
decision of the hearing body by filing the appeal within
fifteen (15) calendar days of the hearing body's decision
pursuant to Chapter 1.l2 of the Encinitas Municipal Code.
7. All eave overhangs are to maintain a 2' setback from the
eastern side yard property line.
8. Prior to issuing a final inspection on the framing, the
applicant shall provide a survey from a licensed surveyor or
a registered civil engineer verifying that the building height
is in compliance with this permit.
9. All cost recovery fees associated with the processing of the
subject application shall be paid to the Department of
Community Development prior to building permit issuance.
10. The applicant shall pay development fees at the established
rate. Such fees may include but shall not be limited to:
. Permit and Plan Checking Fees, School Impact Fees, Water and
Sewer Service Fees, Traffic Impact Fees and Drainage Fees.
. Arrangements shall be made to the satisfaction of the
appropriate department or agency to pay the fees prior to
Building Permit issuance.
11. The fence located in the fence front yard setback shall be
reduced in height to be in conformance with fence height
regulations pursuant to Section 30.16.010F of the City of
Encinitas Municipal Code.
12. Prior to building permit issuance, a covenant shall be
recorded with the County Recorder stating that the owner
agrees to maintain/limit the portion of the structure which
encroaches into the standard front yard setback (garage) as a
single story structure.
13. Buildinq Department: Plans shall be submitted to the Building
Department for plan check approval. A complete plan check
will be done when plans are submitted to the Building
Department.
The applicant shall comply with the latest adopted Uniform
Building Code, Uniform Mechanical Code, Uniform Plumbing Code,
Uniform Fire Code and all other applicable codes and
ordinances in effect at the time of building permit process.
14. The applicant shall submit a complete set of construction
. plans to the Building Division for review. The submittal
should include structural calculations and details, complete
framing plans and details, a site plan and floor plan showing
State Mandated Disabled Access requirements, state Energy
compliance documentation and a soils report which includes
recommendations for the design of the foundation. Submitted
plans will be reviewed for compliance with State Title 24, the
1991 Editions of the Uniform Building Code, Mechanical Code
Uniform Plumbing Code and the 1990 Edition of the National
Electrical Code. Please note that project review comments are
not intended to be a comprehensive plan review of applicable
Building Codes and additional comments will be made after
plans have been submitted to the Building Division for
plancheck.
l5. Realignment of the existing 40' gas/utility easement to the
20' utility/access easement shall be approved by SDG & E.
16. Fire Department: Prior to building permit issuance, applicant
shall submit a statement from the Fire District to the
Community Development Department indicating that all
development impact, plan check and/or cost recovery fees have
been paid.
Address numbers shall be clearly visible from the street
fronting the structure. The height of the numbers shall
. conform to the Fire District Standards. 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 road. Permanent numbers shall be affixed to this
monument.
17. Automatic Fire Sprinkler System: Structures shall be
protected by an automatic fire sprinkler system installed to
the satisfaction of the Fire District.
18. Smoke Detectors: Smoke detectors shall be inspected by the
Fire Department.
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