1993-03
. RESOLUTION NO. L-93-03
A RESOLUTION OF THE LEUCADIA
COMMUNITY ADVISORY BOARD APPROVING A VARIANCE REQUEST
TO ALLOW APPROXIMATELY 150 SQUARE FEET
OF A PROPOSED GARAGE, ATTACHED TO AN
EXISTING SINGLE FAMILY RESIDENCE,
TO ENCROACH 6 FEET INTO THE REQUIRED
TWENTY-FIVE FOOT FRONT YARD SETBACK
FOR A TOTAL SETBACK OF 19 FEET
FOR PROPERTY LOCATED AT
765 NORMANDY AVENUE
(CASE NO. 92-211 V)
WHEREAS, William Dean applied for a variance to allow for a
reduction in the required 25 foot front yard setback in accordance
with Chapter 30.78 (Variances) of the City of Encinitas Municipal
Code to allow approximately 150 square feet of a proposed garage,
attached to an existing single family residence, to encroach 6 feet
. into the required 25 foot front yard setback for a total setback of
19 feet for property located at 765 Normandy Road and legally
described as follows:
That portion of the Northerly 104 feet of Lot 34 of
HILLSIDE ACRES, in the County of San Diego, State of
California, according to Map thereof No. 1992, filed in
the Office of the County Recorder of San Diego County,
January 25, 1927, lying Westerly of the Westerly line of
the Easterly 221.385 feet of said Lot. Said Northerly
104.00 feet being measured at right angles to the
Northerly line of said Lot and said Easterly 221.385 feet
being measured at right angles to the Easterly line of
said lot.
WHEREAS, a public hear ing was conducted on application No.
92-211 V on January 7, 1993 by the Leucadia Community Advisory
Board, at which time all persons desiring to be heard were heard;
and,
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. WHEREAS, evidence was submitted and considered to include
without limitation:
a. Building Plans including site Plan, Roof Plan, Demolition
Plan, Floor Plan and Building Elevations, consisting of
three sheets, dated revised December 3,1992 and received
by the City of Encinitas on December 3, 1992;
b. Written information submitted with the application;
c. Oral testimony from staff, applicant, and public made a
part of the record at said public hearing;
d. Leucadia CAB staff report, 92-211 V, dated December 30,
1992 which is on file in the Department of Community
Development; and
e. Additional written documentation.
WHEREAS, the Leucadia Community Advisory Board made the
following findings pursuant to Chapter 30.78, of the Encinitas
Municipal Code:
SEE ATTACHMENT "A"
NOW THEREFORE, BE IT RESOLVED by the Leucadia Community
. Advisory Board that Variance application No. 92-211 V is hereby
approved subject to the following conditions:
SEE ATTACHMENT "B"
BE IT FURTHER RESOLVED by the Leucadia Community Advisory
Board of the City of Encinitas that:
This project was found to be exempt from environmental review
under Section 15301, Class (e) (2) and Section 15305, Class
5 (a) of the State CEQA Guidelines.
. DL/**/CM14-2874wp51 (01-14-93)
. PASSED AND ADOPTED this 7th day of January 1993 by the
following vote to wit:
AYES: Boardmembers Allen, Cameron, Eldon, Buck and Fahlberg
NAYS: None
ABSENT: None
ABSTAIN: None
-TJtdA~~ /-J? Qfl£J~-
Melissa Allen,
Chairperson of the Leucadia
Community Advisory Board
of the City of Encinitas
ATTEST:
' - ..-1,.--u;? ~..:;5. ~
.- ..
Diane S. Langager
Assistant Planner
.
. DL/**/CM14-2874wp51 (01-14-93)
. ATTACHMENT "A"
RESOLUTION NO. L-93-03
Findings for Approval of a
Variance to the Front Yard Setback
Pursuant to Section 30.78.030 of the Municipal Code
To Allow a Approximately 150 Square Feet
Of a Proposed Garage, Attached to an
Existing Single Family Residence
To Encroach 6 Feet into the Required
Twenty-five Foot Front Yard Setback
For a Total Setback of 19 Feet
Findings for a Variance Pursuant to Section 30.78.030 of the
MuniciÞal Code:
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 zoning
classification.
. Facts: The garage addition is part of a major remodel to the
existing 1699 square foot single family residence. The
project proposes to demolish approximately 264 of the existing
residence and add 1068 square feet of living area and 505
square feet of garage/storage area for a total area of 3008
square feet. The project proposes materials of beige and
white stucco, with tan wood siding and trim.
The proposed project will maintain the current 13'-4" easterly
side yard setback and the current 11'-3" westerly side yard
setback, both of which are greater than the 10 foot minimum
required for the R-3 zone. As part of the remodel the
residence will maintain a rear yard setback of 33' which is
also greater than the 25 foot minimum required for the R-3
zone. Additionally, the northeast wing addition located in the
front of the residence will maintain the required R-3 zone 25
foot front yard setback. The variance is requested to allow
approximately 150 square feet of the proposed garage, attached
to an existing single family residence, to encroach 6' into
the required 25' front yard setback for a total setback of
19'.
Discussion: The variance is requested due to the existing lot
size, rear yard topography, the existing siting of the single
family residence on the lot and due to the existing floor plan
of the residence. After the required two feet of right-of-way
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. dedication is deducted, the subj ect lot resul ts in
approximately 9735 square feet which is well below the 14,500
square foot minimum lot size required for the R-3 zone.
Additionally, the rear yard slopes up at the rear of the lot
and to push any more of the proposed residence to the rear
would greatly impact viable outdoor use of the rear yard area.
The present siting of the home was authorized through the
County of San Diego with a building permit in 1958. Without
greatly impacting the existing floor plan and/or requiring a
second story, a variance to the 25 foot front yard setback is
required to accommodate a standard size garage within the
front of the home due to the present location of the home on
the lot. A variance would be required to accommodate a
garage in the front of the home even if the two foot right-of-
way dedication was not required.
Conclusion: Therefore, the Board finds that special
circumstances are applicable to the project since the site is
significantly smaller than standard R-3 minimum lot size, it
slopes to the rear and the existing siting of the home was
authorized through the County of San Diego.
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 variance is requested to allow approximately 150
square feet of the proposed garage, attached to an existing
single family residence, to encroach 6' into the required 25'
front yard setback for a total setback of 19'. The garage
provides one standard size 9' x 19' covered parking space
which is located on the west side of the garage. The proposed
project will be in conformance with City parking regulations
since the two open parking spaces in the front yard setback
are considered legal non-conforming. The subject project is
providing an additional enclosed parking space within the
proposed garage, since with the addition the residence will
exceed 2500 square feet which requires three parking spaces.
Discussion: With approval of the variance the applicant will
be able to provide the one additional parking space required
in order to accomplish the desired remodel to the existing
single family residence. All other aspects of the project are
in conformance with existing Residential development standards
for the R-3 Zone, such as, but not limited to, side and rear
setbacks, lot coverage and height. Additionally, the proposed
garage is in conformance with provisions for attached garages
as specified in Section 30.48.040 of the Municipal Code. The
granting of the variance to allow for the construction of an
. enclosed garage for the residence is not a grant of special
DL/**/CM14-2874wp51 (01-14-93)
. privilege in that enclosed garages are a common feature of
single family residences.
Conclusion: Since the granting of the variance allows for the
construction of an attached/enclosed garage which are common
features of single family residences and since the project
will be in conformance with the R-3 zone residential
development standards, parking standards and standards for
attached garages, the Leucadia Community Advisory Board finds
that the approval of the variance does not constitute a grant
of special privileges inconsistent with the limitations upon
other properties in the same vicinity and zone in which the
property is situated.
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
the property.
Facts: The variance is requested to allow approximately 150
square feet of the proposed garage, attached to an existing
single family residence, to encroach 6' into the required 25'
front yard setback for a total setback of 19'. The project
site is located in the R-3 zone which expressly allows for
single family residential homes.
. Discussion: The remodel is to enlarge the existing single
family residence, and in no way will change the current single
family residential use.
Conclusion: Therefore the Leucadia Community Advisory Board
finds that approval of the variance will not authorize a use
or activity which is not otherwise expressly authorized by the
zoning regulations governing the parcel of property.
D. No variance shall be granted if the inability to enjoy the
privilege enjoyed by other property in the vicinity and under
identical zoning classifications:
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
varlance;
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.
DL/**/CM14-2874wp51 (01-14-93)
. Facts: The garage addition is part of a major remodel to the
existing 1699 square foot single family residence. The
project proposes to demolish approximately 264 of the existing
residence and add 1068 square feet of living area and 505
square feet of garage/storage area for a total area of 3008
square feet. The proposed project will maintain the current
13'-4" easterly side yard setback and the current 11'-3"
westerly side yard setback, both of which are greater than the
10 foot minimum required for the R-3 zone. As part of the
remodel the residence will maintain a rear yard setback of 33'
which is also greater than the 25 foot minimum required for
the R-3 zone. Additionally, the northeast wing addition
located in the front of the residence will maintain the
required R-3 zone 25 foot front yard setback. The variance is
requested to allow approximately 150 square feet of the
proposed garage, attached to an existing single family
residence, to encroach 6' into the required 25' front yard
setback for a total setback of 19'. The garage provides one
standard size 9' x 19' covered parking space which is located
on the west side of the garage. The proposed project will be
in conformance with City parking regulations since the two
open parking spaces in the front yard setback are considered
legal non-conforming. The subject project is providing an
additional enclosed parking space within the proposed garage,
since with the addition the residence will exceed 2500 square
feet which requires three parking spaces.
. Discussion: To provide an enclosed garage without
encroaching into the front yard setback would be more
impacting to the site and adjacent properties. Alternate
development plans include: 1) providing a side entry to the
garage which would require deletion of the Northeast wing and
would require relocation of the front door and relocation of
the existing driveway which would disrupt the existing
landscaping in the front yard area; 2) pushing the proposed
garage addition to the rear which would disrupt the existing
and proposed floor plan; or 3) add a second story to the
residence so that the garage could be pushed to the rear and
maintain the required front yard setback, this would also
disrupt the existing and proposed floor plan as well as impact
the adjacent sites since it would add more bulk and mass to
the modest profile of the existing single story home. The need
for the variance is not self-induced since the siting of the
home had been authorized by the County of San Diego in 1958
and since that time setback and parking regulations have been
established and/or modified. The granting of the variance
will allow for the remodel of the existing single family
residence and will allow for an enclosed garage which is a
common feature of single family residence; the granting of the
variance will in no way constitute a rezoning or other
amendment to the zoning code since attached garages are
considered accessory uses to single family residences and
.
DL/**/CM14-2874wp51 (01-14-93)
. since the project will be in conformance with the R-3 zone
residential development standards, parking standards and
standards for attached garages. Additionally, the project
will not authorize or legalize the maintenance of a private or
public nuisance.
Conclusion: Therefore the Leucadia Community Advisory Board
finds that no alternate development plan is possible which
would be less impacting to the site and adjacent properties,
that the need for the variance is not self induced, and that
the approval of this variance will not result in a rezoning or
other amendment to the zoning code nor will it legalize the
maintenance of any public or private nuisance.
.
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. ATTACHMENT "B"
RESOLUTION NO. L-93-03
CONDITIONS OF APPROVAL
Applicant: William Dean
Case No. 92-211 V
Subject: Conditions of approval for a variance to allow
approximately 150 square feet of a proposed garage,
attached to an existing single family residence, to
encroach 6' into the required 25' front yard
setback for a total setback of 19' in the R-3 zone.
Location: 765 Normandy Avenue
I. STANDARD CONDITIONS
1. GENERAL CONDITIONS
A. This approval will expire in two years, on January
7, 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 Planning
Commission within 15 calendar days from the date of
this approval.
C. Approval of this request shall not waive compliance
with any sections of the Zoning Code and all other
applicable City Ordinances in effect at the time of
Building Permit issuance unless specifically waived
here.
D. The applicant shall comply with the latest adopted
Uniform Building Code, Uniform Mechanical Code,
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 here.
E. Permits from other agencies will be required as
follows:
California Coastal Commission
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. F. Project is approved as submitted as evidenced by
the Building Plans including Site Plan, Roof Plan,
Demolition Plan, Floor Plan and Building
Elevations, consisting of three sheets, dated
revised December 3, 1992 and received by the City
of Encinitas on December 3, 1992 and signed by a
City Official as approved by the Leucadia Community
Advisory Board on January 7, 1993, and shall not be
altered without Community Development Department
review and approval.
G. Nothing in this permit shall authorize the
applicant to intensify the authorized activity
beyond that which is specifically described in this
permit.
H. Prior to Building Permit issuance, the applicant
shall sign and cause to be recorded a covenant,
prepared to the satisfaction of the Community
Development Director, which sets forth the
conditions of this approval.
I. 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.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY
DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
2. SITE DEVELOPMENT
A. For residential dwelling unit(s) , the applicant
shall pay development fees at the established rate.
Such fees may include, but not be limited to:
Permit and Plan Checking Fees, and School Fees.
Water and Sewer Service Fees, Drainage Fees, and
Arrangements to pay these fees shall be made paid
prior to building plan check approval as deemed
necessary by the appropriate agency.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
3. FIRE
A. ADDRESS NUMBERS: Address numbers shall be clearly
visible from the street fronting the structure.
The height of numbers shall conform to Fire
District Standards.
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B. Prior to building permit issuance, the applicant
. shall submit to the Planning Department 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
Fire District.
APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
4. ENGINEERING CONDITIONS
A. All City codes, regulations, and policies in effect
at the time of building permit issuance shall
apply.
APPLICANT SHALL CONTACT THE BUILDING DIVISION REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
5. BUILDING CONDITIONS
Building plans shall be submitted to the Building
Division of the Community Development Department for plan
review to ensure conformance with the Uniform Building
Code.
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