1991-17
RESOLUTION NO. L 91-17
A RESOLUTION OF THE LEUCADIA
COMMUNITY ADVISORY BOARD DENYING A VARIANCE
REQUEST FOR A 14' ENCROACHMENT INTO A
REQUIRED 30' FRONT YARD SETBACK
FOR PROPERTY LOCATED AT
1741 CAUDOR STREET, LEUCADIA
(CASE NO. 91-095V)
WHEREAS, Charles E. and Duana Wanket applied for a Variance in
accordance with Chapter 30.78 Variances from Section 30.16.010
Residential Zones of the City of Encinitas Zoning Ordinance to
allow a remodel and an addition of an existing residence to
encroach 14' into the required 30' front yard setback, located at
1741 Caudor st., and legally described as follows:
That portion of the south half of the southwest quarter of the
southwest quarter of Section 34, township 12 south, range 4,
west, San Bernardino Meridian, in the County of San Diego,
State of California, according to united States Government
survey thereof described as follows:
Beginning at a point on the southerly line of said southwest
quarter of the southwest quarter distant thereon south 88
16' 13 II west 160.00 feet from the southeasterly corner thereof;
thence north 01 00'47" west parallel with the easterly line of
said southwest quarter of the southwest quarter 275.00 feet;
thence south 88 16'13" west parallel with said southerly line
of said southwest quarter 80.00 feet; thence south 01 00'47"
east parallel with said easterly line 275.00 feet to said
southerly line of said southwest quarter; thence north 88
16'13" east along said southerly line 80.00 feet to the point
of beginning.
Excepting therefrom one-half of all mineral rights, as
reserved by D.S. Linebarger, et al in deed recorded February
8, 1919 in Book 768 Page 382 of Deeds.
WHEREAS, a public hearing was conducted on application
No. 91-095V on August 8, 1991 by the Leucadia community Advisory
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Board, at which time all persons desiring to be heard were heard;
and,
WHEREAS, evidence was submitted and considered to
to include without limitation:
a. Site plan submitted by the applicant and received by the
City on June 6, 1991.
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. CAB staff report (91-095-V) dated July 29, 1991 which is
on file in the Department of Planning and 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:
A. A variance from the terms of the zoning ordinances 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 ordinance deprives such
property of privileges enjoyed by other property in the
vicinity and under identical zoning classification.
Evidence:
The subject property has a lot depth of 275' with a 130'
rear yard setback and is basically a flat piece of
property with only gentle slopes. The applicant states
that the residence is currently located at 18' from the
property lines, however, the plans depict the existing
residence to be approximately 26' from the property 1 ine.
The CAB determines that there is a sufficient building
envelope outside the setbacks to achieve substantial
additions.
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 vicinity and zone in which such property is
situated.
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Evidence:
Per the site plan submitted June 6, 1991, the CAB has
determined that there is a large enough building envelope
to permit a substantial addition to the single family
residence.
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 regulation governing
the parcel of property.
Evidence:
The granting of this variance would not authorize a use
or activity not expressly authorized by the zoning
regulations governing this property since the use is a
single family dwelling which is consistent with the zone.
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; or
4. Would authorize or legalize the maintenance of any
private or public nuisance.
Evidence:
The CAB has determined that alternative development plans
are possible since the property has sufficient area to
expand into adjacent yards without reliance on a
variance. Per the site plan submitted June 6, 1991, it
is evident that there is ample room in the rear yard in
addition to what is already proposed for the rear area as
part of the proposed plans. There is approximately 60
feet between the pool and the proposed addition at the
rear of the residence and approximately 20 feet between
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the pool and the proposed garage. The variance request
is self-induced since the applicant is creating the need
for the variance based on the proposed design and based
on where the house has been located on the site.
NOW, THEREFORE, BE IT RESOLVED THAT the application for
Variance for 91-095V is hereby DENIED.
PASSED AND ADOPTED this 8th day of August, 1991, by the
following vote, to wit:
AYES: Allen, Buck, Eldon, Gilholm
NAYS: None
ABSENT: Jacobson
ABSTAIN: None
~.~ '-/1. ~~
Alice Jacobson, Chairman of
the Leucadia Community
Advisory Board
ATTEST:
Diane Langager, Assi t
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