1990-04
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8 RESOLUTION NO. L-90-04
A RESOLUTION BY THE
LEUCADIA COMMUNITY ADVISORY BOARD
TO DENY VARIANCES WHICH WOULD ALLOW A
TWO-CAR CARPORT TO ENCROACH INTO THE REQUIRED
TWENTY-FIVE FOOT FRONT YARD SETBACK,
PARKING IN FRONT YARD SETBACK, AND
THE CONSTRUCTION OF A PRIVACY
FENCE TO A HEIGHT OF EIGHT FEET AND TO APPROVE A
VARIANCE WHICH WOULD ALLOW A WOODEN FENCE 6' IN HEIGHT TO
BE BUILT ALONG THE FRONT PROPERTY LINE
LOCATED AT 316 LEUCADIA BLVD.
(CASE NO. 89-263V)
WHEREAS, a request for consideration of Variances was filed
by Alan Hierich and Deborah Chandler for a proposed carport
structure to encroach approximately 22' into the required 25 foot
front yard setback, to allow parking within the required front yard
setback, and to permit a fence to a height of 8' along the front
property line, as per Chapter 30.78 of the city of Encinitas Zoning
code, for the property located at 316 Leucadia Blvd, legally
described as follows:
8 A portion of Lot 3 in Block 8 of SOUTH COAST PARK, in the City of
Encinitas, County of San Diego, State of California, according to
Map thereof No. 1776, filed in the Office of the County Recorder
of San Diego County, January 11, 1924.
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 reports dated February 14, 1990;
2. The 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 could not make
the required findings to approve the Variances as requested
pursuant to section 30.78 of the Zoning Code, the Board was able
to make findings to approve a fence along the front property line
8 to a height of six feet.
JJ/dc/CROl-429WP5 (3-1-90-3)
8 SEE ATTACHMENT "A"
NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community
Advisory Board of the City of Encinitas that the Variances as
requested are hereby denied and a wooden fence to a height of 6'
in height 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, Kaden, Shur, Jacobson
NAYS: None
ABSENT: Eldon
ABSTAIN: None ~ ~
Allen Shur, Acting Chairperson
of the Leucadia
Community Advisory Board
8 ATTEST:
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James G. Jones
Assistant Planner
8 JJ/dc/CROl-429WP5 (3-1-90-3)
8 CASE NO. 89-263V
ATTACHMENT "A"
LEUCADIA COMMUNITY ADVISORY BOARD
RESOLUTION NO. L-90-04
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 privilege enjoyed by other
property in the vicinity and under identical zoning
classification.
Evidence: The subject property, while triangular in
configuration, contains approximately 9,317 square feet which
is significantly above the minimum R-8 lot size of 5,400
square feet. Neither the size, shape, topography, location
nor surroundings deprives this property of privileges enjoyed
8 by other property in the vicinity under identical zoning
classification. This finding applies to location of the
carport, parking within the front yard setback, and the
proposed 8' wall/fence.
The privilege enjoyed by other properties is the ability to
build a carport. The applicant can, given the site's
restraints, build the desired carport without a variance.
This Board finds that a wooden fence to 6' in height is
justified given the property's proximity to Leucadia Boulevard
and the sloping nature of the topography, both factors serving
to expose the property to public view.
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 privilege inconsistent with the
limitations upon other properties in the vicinity and zone in
which such property is situated.
Evidence: The special privilege which would be granted if
this variance were approved involves allowing the applicant
to build within the required setback when his neighbors did
not exercise that option but rather built as required.
In regard to the wall/fence, the board did find that allowing
8 a height of 8' when other fences and walls in the neighborhood
JJ/dc/CROl-429WP5 (3-1-90-3)
8 are generally found no higher than 6' would, in fact, grant
this applicant a special privilege not afforded to other
similarly zoned properties.
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
regulation governing this 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 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;
8 (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) There are no physical limitations evident on this site
which requires that the carport or parking area encroach
into the required front yard setback. An alternative
development plan providing the full setback is feasible
and practicable. This board also finds that a wall/fence
to 8' would adversely impact the site and neighborhood
while not necessarily serving the applicant's need for
privacy better than a wall/fence 6' in height. This
adverse impact to the site and neighborhood centers on
the massive appearance of a wall/fence of the proposed
dimension. The board finds that such a "fortress-like"
appearance is not in concert with surrounding residential
development. However, a fence made of wood and
constructed to a height of 6' would blend into the
residential character of the neighborhood while affording
the applicants a degree of privacy common to most
residential uses.
8 JJ/dc/CROl-429WP5 (3-1-90-3)
.
8 (2) This request is viewed as being self-induced as the owner
is choosing this particular development plan which
requires a variance for the carport and parking
encroachment. Again, there are no physical constraints
to the subject property requiring a variance for the
proposed carport construction. This finding applies to
the wall/fence as well as the carport and parking area.
The need for a privacy fence is not self-induced. Owing
to the proximity of Leucadia Boulevard and the topography
of the lot, this parcel is more exposed to public view
than other properties in the area.
(3) The variances, if granted, would not constitute a
rezoning or other amendment to the zoning code.
(4) The variances, if granted, would not authorize or
legalize the maintenance of any private or public
nUlsance.
8
8 JJ/dc/CROl-429WP5 (3-1-90-3)
.
8 CASE NO. 89-263V
ATTACHMENT "B"
LEUCADIA COMMUNITY ADVISORY BOARD
RESOLUTION NO. L-90-04
GENERAL CONDITIONS
A. This approval will expire in two years, on February 22, 1992,
at 5:00 p.m. unless prior to that time the applicant has
obtained a building permit and has performed substantial
construction in reliance on this permit.
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 acti vi ties similar in nature to the activity
authorized by this permit.
D. Approval of this request shall not waive compliance with any
sections of the Zoning Development Code and all other
8 applicable city Ordinances in effect at the time of Building
Permit issuance unless specifically waived here.
E. 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 JJ/dc/CROl-429WP5 (3-1-90-3)
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,I'
. RESOLUTION L-90-06
A RESOLUTION OF THE LEUCADIA COMMUNITY
/. ADVISORY BOARD OF THE CITY OF ENCINITAS,
~((.J STA TE OF CALIFORNIA,
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Orated ll)~\.'"
COMMENDING DOUGLAS HARWOOD
FOR SERVICES AND CONTRIBUTIONS TO THE
LEUCADIA COMMUNITY ADVISORY BOARD
WHEREAS, Douglas Harwood was appointed to the Leucadia Community Advisory Board on January 19, 1987, with
the fU"st meeting being held April 1, 1987, and
WHEREAS, during this time Douglas contributed time, knowledge and understanding to the City Planning process to
ensure quality, planned and orderly development of the community and City, and
WHEREAS, the Leucadia Community Advisory Board has realized his special efforts for the betterment of the
Community.
NOW THEREFORE BE IT RESOLVED by the Leucadia Community Advisory Board of the City of Encinitas to
pay tribute to:
. i DOUGLAS HAFMOOD ~
for his dedication and contributions to the City Planning efforts to serve the best interests of the Community and the
best interest of the Community and the City;
AND BE IT FURTHER RESOLVED that the Leucadia Community Advisory Board offer its most wamlhearted
appreciation for the superior job Douglas has done for the Community and City;
AND BE IT FURTHER RESOLVED that this Resolution of tribute be presented to Douglas on this 5th day of April,
1990 when the Board and friends honor him.
PASSED, APPROVED AND ADOPTED this 5th day of April, 1990.
Q!lJ-ÝbL
A'len Shur, Chair Sheil Locko, Board Member
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Karen Kaden, Vice Chair Alice law sqn, Board Member
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loh Eldon, Board Member