1990-03
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8 RESOLUTION NO. L-90-03
A RESOLUTION OF THE LEUCADIA
COMMUNITY ADVISORY BOARD TO APPROVE
A VARIANCE TO PERMIT THE ENCROACHMENT INTO
THE FRONT YARD SETBACK
FOR THE CONSTRUCTION OF A SECOND STORY LIVING
ADDITION AND DECK
LOCATED AT 755 PUEBLA STREET
(CASE NO. 89-289-V)
WHEREAS, a request for consideration of a Variance to permit
an encroachment of 10 feet into the required 25 foot front yard
setback was filed by Craig Jones to allow the construction of a
second story living addition and deck, per Chapter 30.78 of the
City of Encinitas Municipal, for the property located at 755 Puebla
Street legally described as:
Parcel 4 of Record of Survey No. 4348, filed in the
Office of the County Recorder of said County, said
Record of Survey being a portion of the Northwest Quarter
of the Southwest Quarter of the Northwest Quarter of
section 10, Township 13 South, Range 4 West, San
Bernardino Base and Meridian, in the County of San Diego,
State of California.
.
WHEREAS, a public hearing was conducted on the application,
February 22, 1990 and all persons desiring to be heard were heard;
and
WHEREAS, evidence was submitted and considered to include
without limitation:
1. The staff report dated February 14, 1990;
2. The proposed General Plan, Local Coastal Program, zoning
Code and maps;
3. Oral evidence submitted at the hearing;
4. written evidence submitted at the hearing;
5. Documentation and site plans submitted by the applicant;
and
WHEREAS, the Leucadia Community Advisory Board made the
required findings pursuant to section 30.78 of the Zoning Code.
SEE ATTACHMENT "A"
8 Case No. 89-289-V
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8 NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community
Advisory Board of the City of Encinitas that the Variance
Application is hereby approved subject to the following conditions:
SEE ATTACHMENT "B"
PASSED AND ADOPTED this 22nd day of February, 1990, by the
following vote, to wit:
AYES: Locko, Jacobson, Shur, and Kaden
NAYS: None
ABSENT: Eldon
ABSTAIN: None ~k
Allen Shur, Acting Chairperson
of the Leucadia
Community Advisory Board
ATTEST:
~ ~~J&...-- 7'0"-.
James G. Jones
Assistant Planner
8 Case No. 89-289-V
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8 ATTACHMENT "A"
LEUCADIA COMMUNITY ADVISORY BOARD
RESOLUTION NO. L-90-03
Findings for a Variance
(Section 30.78.030 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 lot contains 8,779 square feet which
is approximately 60% of the minimum lot size in the R-3 Zone.
Given the need for the IOD and the provision of setbacks, the
applicant has few options when considering a building
addition. It would be wholly impractical to require the
applicant to setback his proposed addition 10'.
B. Any variance granted shall be subject to such conditions as
will assure that the adjustment thereby authorized will not
8 constitute a grant of special privileges inconsistent with the
limitations upon other properties in the vicinity and zone in
which such property is situated.
Evidence: Single family dwellings are permitted by right in
the R-3. The ability to add-on to these structures is a
privilege enjoyed by others within this zone. The applicant's
desire for a building addition does not constitute a request
for special privilege, hence the approval of this variance
would not constitute the grant of a special privilege.
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. The provisions of this section shall not apply to
conditional use permits.
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 will be a
second story residential addition which is consistent with the
zoning regulations.
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I
8 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
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; or
4. Would authorize or legalize the maintenance of any
private or public nuisance.
Evidence:
1. Given the small size of the property, there is no
development option which can be reasonably utilized.
Also, the applicant is using the existing building
footprint and is not proposing construction closer to
the front property line than presently exists.
8 2. This request is not viewed as being self-induced as both
the lot and the building were created prior to the
adoption of the current zoning ordinance.
3. The granting of this variance would allow a use and
structure presently permitted by code. The variance does
not constitute a rezoning.
4. The variance would not authorize or legalize the
maintenance of any private or public nuisance.
8 Case No. 89-289-V
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ATTACHMENT "B"
8 LEUCADIA COMMUNITY ADVISORY BOARD
RESOLUTION NO. L-90-03
1. SPECIFIC CONDITIONS
A. The applicant shall plant a minimum of two 15 gallon
trees along the puebla street side of the lot. Such
trees will be of a species which will be acceptable to
the Director of the Community Development Department.
2. GENERAL CONDITIONS
A. This approval will expire in two years, on February 22,
1992, 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 authorized agency
within 15 calendar days from the date of this approval.
C. Nothing in this permit shall relieve the applicant from
complying with the conditions and regulations generally
imposed upon activities similar in nature to the activity
authorized by this permit.
8 D. Approval of this request shall not waive compliance with
any sections of the Zoning Development Code and all other
applicable City Ordinances in effect at the time of
Building Permit issuance unless specifically waived here.
E. Permits from other agencies will be required as follows:
Coastal Commission
F. Project is approved as modified as evidenced by the plot
plan dated November 17, 1989 received by the city of
Encinitas on December 15, 1989 and signed by a City
Official as approved by the Leucadia Community Advisory
Board on February 22, 1990 and shall not be altered
wi thout review and approval by the Planning and Community
Development Department and the Leucadia Community
Advisory Board.
G. 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.
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3. FIRE
A. Prior to delivery of combustible building materials on
site, water and sewer systems shall satisfactorily pass
all required tests and be connected to the public water
and sewer systems. In addition, the first lift of
asphalt paving shall be in place to provide adequate,
permanent access for emergency vehicles. Said access
shall be maintained to the satisfaction of the Fire
District.
B. All designated emergency access roads shall be posted
pursuant to the Fire District standards.
C. Numbers shall be clearly visible from the street fronting
the structure. Where structures are located off a
roadway on long driveways, a monument shall be placed at
the entrance where the driveway intersects the main
roadway. Address numbers shall be displayed on this
monument.
D. The applicant shall submit a letter from the fire
district stating that all project review fees have been
paid.
8 4. BUILDING
A. Provide compliance with the Uniform Building code for
property line clearances considering use, area and fire
resistance of existing buildings.
B. Existing building(s) shall be made to comply with current
building and zoning regulations for the intended use or
the building shall be demolished with appropriate
permits.
5. STREETS AND SIDEWALKS
(The authorized agency may modify city Standards in particular
cases. The application of a request for such modification
must show special circumstances or conditions affecting the
property in question; and that such modification is necessary
for the preservation and enjoyment of a substantial property
right of the applicant; and that the modification will not be
materially detrimental to the public welfare or injurious to
other property in the immediate vicinity pursuant to Municipal
Code section 24.01.180.)
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A. Developer shall execute and record a covenant with the
County Recorder agreeing not to oppose the formation of
an assessment district to fund the installation of right
of way improvements.
APPLICANT SHALL CONTACT THE APPROPRIATE AGENCY REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
6. UTILITIES
A. The developer shall comply with all the rules,
regulations and design requirements of the respective
sewer and water agencies regarding services to the
project.
8
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