1990-32
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RESOLUTION NO. L-90-32
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A RESOLUTION BY THE
LEUCADIA COMMUNITY ADVISORY BOARD
TO APPROVE A VARIANCE WHICH WOULD ALLOW CONSTRUCTION
OF A NOISE ATTENUATION WALL WITH ELEMENTS REACHING A
HEIGHT OF 8'6n ABOVE GRADE TO WITHIN 9 FEET OF
THE FRONT PROPERTY LINE LOCATED AT 810 WOOD DRIVE
(CASE NO. 90-240V)
WHEREAS, a request for consideration of a Variance was filed
by Gregory McBain for a proposed noise attenuation wall to a height
of 8' 6" within 9' of 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:
That portion of Lot 3, in block "J" of SOUTHCOAST PARK ANNEX, in
the City of Encinitas, County of San Diego, State of California,
according to Map thereof No. 1788, filed in the office of the
County Recorder of said San Diego County, March 29,1924, described
as follows:
Commencing at the Northwesterly Corner of said Lot 3,
. thence along the Northeasterly line thereof South
87°08' 57" East (Record, S 87°13' E) 364.79 feet, per Map
1788, to the Northeasterly corner of the land first
described in deed to John C. Goodnough, et ux, recorded
November 26, 1946, as File/Page No. 126465 of Official
Records; thence continuing along said Northerly lot line
South 87°08'57" East (Record, S 87°13' E) 237.86 feet to
the TRUE POINT OF BEGINNING; thence continuing along said
Northerly line South 87°08'57" East 100 feet to the
Northeasterly corner of said Lot 3; thence along the
Easterly line of said Lot 3, South 5°04' 12" East (Record
S 5°03' 55" E) 179.38 feet, thence South 68°04' 23" West
88.98 feet, thence North 8°42' 02" West 219.40 feet to the
TRUE POINT OF BEGINNING.
WHEREAS, a public hearing was conducted on the application,
December 6, 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 November 28, 1990;
2. The General Plan, Local Coastal Program, Zoning Code and
. maps;
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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 make the
required findings to approve the Variance as requested 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 as
requested is hereby approved subject to the following conditions:
SEE ATTACHMENT "B"
PASSED AND ADOPTED this 6th day of December 1990, by the
following vote, to wit:
AYES: Shur, Jacobson, Eldon, Locko, Kaden
NAYS: None
ABSENT: None
. ABSTAIN: None ~ L
Allen Shur, Chairperson
of the Leucadia
Community Advisory Board
ATTEST:
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. ATTACHMENT nAil
LEUCADIA COMMUNITY ADVISORY BOARD
RESOLUTION NO. L-90-32
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 property is located within close proximity of
the freeway. The attached study indicates that increasing the
wall height will afford greater noise attenuation. The
proposed wall does not appear to adversely impact adjoining
properties. The wall blends in well with the existing
development and does not create excessive mass or bulk.
. 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: Fences and walls can be approved by code to a
height above 4 feet. These types of structures are usual on
residential lots and would not constitute 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 acti vi ty 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:
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. (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) An alternative fence could be developed which would not
require a variance. However, the alternative plan would
not afford as good noise attenuation potential or be less
of an impact on surrounding properties.
(2) The hardship is not viewed as being self-induced as the
need for noise attenuation is created by the freeway
development which is beyond the applicant's control.
. (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.
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. ATTACHMENT "B"
LEUCADIA COMMUNITY ADVISORY BOARD
RESOLUTION NO. L-90-32
GENERAL CONDITIONS
A. This approval will expire in two years, on December 6, 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 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. 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.
F. Project is approved as evidenced by the site plan received by
the City of Encinitas on October 10, 1990, and signed by a
City Official as approved by the Leucadia Community Advisory
Board December 6, 1990, and shall not be altered without
review and approval by the Planning and Community Development
Department and the Leucadia Community Advisory Board.
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