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1990-04 ~ . 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: ~w~~ /!~ 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) l)f E.\'cj ,1/- , /. -y ,I' . RESOLUTION L-90-06 A RESOLUTION OF THE LEUCADIA COMMUNITY /. ADVISORY BOARD OF THE CITY OF ENCINITAS, ~((.J STA TE OF CALIFORNIA, ~/J ¡. 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 lU / / .. ...,,' í /IN.v ~ i j £ fJ¡¡, .'. 7-UT>I / Karen Kaden, Vice Chair Alice law sqn, Board Member . j i tll .. I loh Eldon, Board Member