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1990-15 . ~ . RESOLUTION NO. L-90-15 A RESOLUTION OF THE LEUCADIA COMMUNITY ADVISORY BOARD TO APPROVE A VARIANCE TO PERMIT THE ENCROACHMENT INTO THE REAR YARD AND SIDE YARD SETBACKS FOR THE CONSTRUCTION OF BUILDING ADDITIONS TO AN EXISTING SINGLE FAMILY RESIDENCE LOCATED AT 407 PARKWOOD LANE (CASE NO. 90-057-V) WHEREAS, a request for consideration of a Variance to permit an encroachment of 5 feet into the side yard setback and 7.5 feet into the rear yard setback was filed by William Nowell to allow the construction of building addition, as per Chapter 30.78 of the City of Encinitas Municipal/Zoning Codes, for the property located at 407 Parkwood Lane legally described as: Lot 11 of Holly Estates, according to Map No. 5109 filed in the Office of the County Recorder of San Diego County. WHEREAS, a public hearing was conducted on the application, June 7, 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 May 31, 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"). NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community Advisory Board of the City of Encinitas that the Variance Application is hereby approved subj ect to the following conditions: 1. GENERAL CONDITIONS A. This approval will expire in two years, on June 7, 1992, at 5:00 p.m. unless the conditions have been met or an extension has been approved by the Authorized Agency. . jg/03/cro6-559wp5 (6/20/90-4) Case No. 90-057-V Page 1 of 5 . . . 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. 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: a. Coastal Commission F. Project is approved as evidenced by the site plan received by the City of Encinitas on March 27, 1990, and signed by a City Official as approved by the Leucadia Community Advisory Board on June 7, 1990, and shall not be altered without review and approval by the Planning and Community Development Department and the Leucadia Community Advisory Board. . APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 2. FIRE A. Prior to permit issuance, the applicant shall submit a letter from the Fire District stating that all development impact, plan check and/or cost recovery fees have been paid or secured to the satisfaction of the District. B. Address 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. Permanent address numbers shall be displayed on this monument. . jg/03/cro6-559wp5 (6/20/90-4) Case No. 90-057-V Page 2 of 5 . PASSED AND ADOPTED this 7th day of June, 1990, by the following vote, to wit: AYES: Kaden, Locko, Eldon, Shur NAYS: None ABSENT: Jacobson ABSTAIN: None ~r~ of the Leucadia Community Advisory Board ~ . Ja s:. Jones Assistant Planner . jg/03/cro6-559wp5 (6/20/90-4) Case No. 90-057-V Page 3 of 5 0< . . ATTACHMENT "A" LEUCADIA COMMUNITY ADVISORY BOARD RESOLUTION NO. L-90-15 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: At 10,440 sq. ft., the subject property is well below the minimum 14,500 sq. ft. required in the R-3 Zone. Being located at the end of a cul-de-sac, with lot lines radiating out from the turnaround, the lot is trapezoidal. Both these factors serve to limit and restrict the options for adding onto an existing structure. Other special . circumstances include the fact that the structure was sited and constructed on the lot considerably before the adoption of the current zoning code. 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. Evidence: The reasonable addition to an existing single family residence does not grant a special privilege to the applicant but rather allows him the same rights provided to neighboring 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. . jg/03/cro6-559wp5 (6/20/90-4) Case No. 90-057-V Page 4 of 5 H , . . Evidence: With the building additions the use of the structure remains a single family residence, a use permitted by right in the R-3 Zone. Therefore, allowing the additions will not constitute a use or activity not otherwise allowed by Code. 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: 1. An alternative development could relieve the need for a variance, but as the structure has existed as-is for over twenty years, it can not be proven that the alternative development plan would be less of an impact to the neighborhood. 2. The need for a variance can not be considered as self- induced as the additions were constructed prior to the adoption of the current zoning code and was done on the assumption that the contractor would obtain the required permits. 3. The variance, if granted, would not constitute a rezoning or other amendment to the Zoning Code. 4. The variance, if granted, would not authorize or legalize the maintenance of any private or public nuisance. . jg/03/cro6-559wp5 (6/20/90-4) Case No. 90-057-V Page 5 of 5