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1990-03 . . 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 JJ/04/CROl-428wp51(3-01-90/2) Page 1 of 7 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 JJ/04/CROl-428wp52(3-01-90/2) Page 2 of 7 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. 8 Case No. 89-289-V JJ/04/CROl-428wp53(3-01-90/2) Page 3 of 7 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 JJ/04/CROl-428wp54(3-01-90/2) Page 4 of 7 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. 8 Case No. 89-289-V JJ/04/CROl-428wp55(3-01-90/2) Page 5 of 7 . . 8 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.) 8 Case No. 89-289-V JJ/04/CROl-428wp56(3-01-90/2) Page 6 of 7 . . 8 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 8 Case No. 89-289-V JJ/04/CROl-428wp57(3-01-90/2) Page 7 of 7