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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. . . . . 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. . .