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1990-23 . . 8 RESOLUTION NO. L-90-23 A RESOLUTION OF THE LEUCADIA COMMUNITY ADVISORY BOARD TO APPROVE A VARIANCE TO PERMIT THE ENCROACHMENT OF A FIREPLACE/CHIMNEY WITH A VERTICAL PROJECTION OF MORE THAN EIGHT FEET INTO THE SIDE YARD SETBACK FOR THE CONSTRUCTION OF A SINGLE FAMILY RESIDENCE LOCATED AT 927 HYMETTUS AVENUE (CASE NO. 90-156-V) WHEREAS, a request for consideration of a Variance to permit an encroachment of 3 feet into the required side yard setback was filed by Barbara Shores to allow the construction of a fireplace/chimney with a vertical projection of more than eight feet, as per Chapter 30.78 of the City of Encinitas Municipal/Zoning Codes, for the property located at 927 Hymettus Avenue legally described as: The Southerly 144 feet of Lot 4, Block D, South Coast Park Annex, according to Map thereof No. 1788 filed on March 29, 1924, in the office of the County Recorder of San Diego County, excepting the South Quarter of Lot 4. 8 WHEREAS, a public hearing was conducted on the application, August 23, 1990, and all persons desiring to be heard was heard; and WHEREAS, evidence was submitted and considered to include without limitation: 1. The staff report dated August 15, 1990; 2. The General Plan, 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 subject to the following conditions: 8 JJ/02/CR07-635wp5 (08/24/90-1) Case No. 90-156-V Page 1 of 7 8 1. GENERAL CONDITIONS A. This approval will expire in two years, on August 23, 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. 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 evidenced by the site plan received by the City of Encinitas on June 27, 1990, and 8 signed by a City Official as approved by the Leucadia Community Advisory Board on August 23, 1990, and shall not be altered without 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." 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. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 8 JJ/02/CR07-635wp5 (08/24/90-1) Case No. 90-156-V Page 2 of 7 . 8 3. GRADING CONDITIONS A. The developer shall obtain a grading permit, if applicable, prior to the commencement of any clearing or grading of the site. B. The grading for this project is defined in Chapter 23.24 of the Encini tas Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 23.24 of the Encinitas Municipal Code. C. No grading shall occur outside the limits of the PROJECT unless a letter of permission is obtained from the owners of the affected properties. D. All slopes within this project shall be no steeper than 2: 1. E. A soils/geological/hydraulic report (as applicable) shall be prepared by a qualified engineer licensed by the state of California to perform such work at first submittal of 8 a grading plan. 4. DRAINAGE CONDITIONS A. The developer shall exercise special care during the construction phase of this project to prevent any offsite siltation. The developer shall provider erosion control measures and shall construct temporary desiltation/detention basins of type, size and location as approved by the City Engineer. The basins and erosion control measures shall be shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer prior to the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities, slope erosion control measures and other methods required or approved by the City Engineer. The developer shall maintain the temporary basins and erosion control measures for a period of time satisfactory to the City Engineer and shall guarantee their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City Engineer. 8 JJ/02/CR07-635wp5 (08/24/90-1) Case No. 90-156-V Page 3 of 7 . 8 B. A drainage system capable of handling and disposing of all surface water originating within the subdivision, and all surface waters that may flow onto the subdivision from adjacent lands, shall be required. Said drainage system shall include any easements and structures as required by the City Engineer to properly handle the drainage. C. Concentrated flows across driveways and/or sidewalks shall not be permitted. D. The drainage system shall be designed to ensure that runoff resulting from a 10-year frequency storm of 6 hours or 24 hours duration under developed conditions, is equal to or less than the runoff from a storm of the same frequency and duration under existing developed conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. 5. STREET CONDITIONS A. An Irrevocable Offer of Dedication (1. O. D.) shall be made for 5 feet along Hymettus adjacent to the property for public right-of-way purposes. 8 B. 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. 6. UTILITIES A. The developer shall comply with all the rules, regulations and design requirements of the respective utility agencies regarding services to the project. B. The developer shall be responsible for coordination with S.D.G. & E., Pacific Telephone, and Cable TV authorities. C. All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. 8 JJ/02/CR07-635wp5 (08/24/90-1) Case No. 90-156-V Page 4 of 7 8 PASSED AND ADOPTED this 23rd day of August, 1990, by the following vote, to wit: AYES: Eldon, Locko, Shur, Kaden, Jacobson NAYS: None ABSENT: None ABSTAIN: None .." / ji~ 'tl'~) {I ltl'-- I{./'f.i AI~en Shur, Chairperson ( of the Leucadia Community Advisory Board ATTEST: ~ Assistant Planner 8 8 JJ/02/CR07-635wp5 (08/24/90-1) Case No. 90-156-V Page 5 of 7 . . 8 ATTACHMENT nAn LEUCADIA COMMUNITY ADVISORY BOARD RESOLUTION NO. L-90-23 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 is quite narrow when compared to the minimum width in the R-3 zone (69' vs. 80' ) . Additionally, the adjacent structure to the north is well setback from the subj ect property thus affording the view corridor intended by the Zoning Ordinance. The topography of the area is such that views are not a significant issue. The construction of the fireplace/chimney will not impact the light and air afforded the surrounding development. 8 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: A fireplace/chimney is a reasonable and commonplace component of a single family residence. Granting 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: Single family residences are a use permitted by right in the R-3 zone. Allowing a fireplace addition to the residence would not constitute a use or activity not otherwise allowed by Code. 8 JJ/02/CR07-635wp5 (08/24/90-1) Case No. 90-156-V Page 6 of 7 . . 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. The applicants have attempted redesigning and relocating the fireplace. All design options have proven impractical. The one design alternative available is to eliminate the fireplace. Given the other considerations in this case, width of lot, topographic setting, siting of adjacent structures, the elimination 8 of the fireplace is viewed as an extreme remedy to a relatively minor design problem. 2. The need for a variance can not be considered to be self- induced given the fact that the narrow lot width was not created by the applicants. If the lot were the minimum width of 80' there would be no need for a variance. 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. 8 JJ/02/CR07-635wp5 (08/24/90-1) Case No. 90-156-V Page 7 of 7