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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, . DL/**/CM14-2874wP51 (01-14-93) . 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 . DL/**/CM14-2874wP51 (01-14-93) . 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. . . DL/**/CM14-2874wP51 (01-14-93) . 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 . DL/**/CM14-2874wp51 (01-14-93) . 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. . DL/**/CM14-2874wp51 (01-14-93) 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. . . DL/**/CM14-2874wp51 (03-02-93-1)