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1992-14 RESOLUTION NO. L-92-14 . A RESOLUTION OF THE LEUCADIA COMMUNITY ADVISORY BOARD APPROVING A VARIANCE REQUEST TO ALLOW AN ATTACHED GARAGE AND DECK/DRIVEWAY TO ENCROACH 29' INTO THE REQUIRED 30 FRONT YARD SETBACK FOR A TOTAL SETBACK OF l' AND TO ALLOW AN ENTRY DECK TO ENCROACH 10' INTO THE REQUIRED 30' FRONT YARD SETBACK FOR A TOTAL SETBACK OF 20' FOR A PROPOSED SINGLE FAMILY RESIDENCE FOR PROPERTY LOCATED AT 1265 SAXONY ROAD (CASE NO. 92-125 V) WHEREAS, Julie Castiglia and David Tolpingrud applied for a variance in accordance with Chapter 30.78 (Variances) to allow an attached garage and deck/driveway to encroach 29' into the required 30 front yard setback for a total setback of l' and to allow an entry deck to encroach 10' into the required 30' front yard setback . for a total setback of 20' as required pursuant to Section 30.16.010.A.7 of the City of Encinitas Municipal Code for a proposed single family residence; for property located at 1265 Saxony Road; and legally described as follows: Parcell of Parcel Map No. 10207, filed in the Office of the County Recorder of San Diego County, July 10,1980 as File No. 80-214145 of Official Records, being a portion of the southerly 330.00 feet of the southwest quarter of the northwest quarter of Section 3, Township 13 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California according to official plat thereof. WHEREAS, a public hearing was conducted on application No. 92-125 V on October 8, 1992 by the Leucadia Community Advisory Board, at which time all persons desiring to be heard were heard; and, . DL/**/CM18-2847WP51 (10/12/92) 1 WHEREAS, evidence was submitted and considered to include . without limitation: a. site Plan, Floor Plan and Elevations consisting of six sheets and received by the City of Encinitas on September 15, 1992; b. Written information submitted with the application; c. Oral testimony from staff, applicant, and public made a part of the record at said public hearing; d. Leucadia CAB staff report, 92-125 V, dated October 2, 1992 which is on file in the Department of Community Development; and e. Additional written documentation. WHEREAS, the Leucadia Community Advisory Board made the following findings pursuant to Chapter 30.78, of the Encinitas Municipal Code: SEE ATTACHMENT "A" NOW THEREFORE, BE IT RESOLVED by the Leucadia Community Advisory Board that Variance Application No. 92-125 V is hereby . approved subject to the following conditions: SEE ATTACHMENT "B" BE IT FURTHER RESOLVED by the Leucadia Community Advisory Board of the City of Encinitas that: This project was found to be exempt from environmental review under Section 15303, Class 3(a) and Section 15305, Class 5(a) of the State CEQA Guidelines. . DL/**/CM18-2847WP51 (10/12/92) 2 PASSED AND ADOPTED this 8th day of October 1992, by the . following vote to wit: AYES: Boardmembers Eldon, Buck and Fahlberg NAYS: None ABSENT: Boardmembers Allen and Cameron ABSTAIN: None ;J Á (II Joh Eldon Act'ng Chairperson of the Leucadia Community Advisory Board of the City of Encinitas ATTEST: .1:>1 L~ <~ at ~ Diane S. Langager Assistant Planner . . DL/**/CM18-2847WP51 (10/12/92) 3 . ATTACHMENT "A" RESOLUTION NO. L-92-14 FINDINGS FOR APPROVAL OF A VARIANCE TO THE FRONT YARD SETBACK PURSUANT TO SECTION 30.78.030 OF THE KUNICIPAL CODE TO ALLOW AN ATTACHED GARAGE AND DECK/DRIVEWAY TO ENCROACH 29' INTO THE REQUIRED 30 FRONT YARD SETBACK FOR A TOTAL SETBACK OF l' AND TO ALLOW AN ENTRY DECK TO ENCROACH 10' INTO THE REQUIRED 30' FRONT YARD SETBACK FOR A TOTAL SETBACK OF 20' FOR A PROPOSED SINGLE FAMILY RESIDENCE Findinqs for a Variance Pursuant to section 30.78.030 of the Municipal Code: A. A variance from the terms of the zoning regulations 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 regulations deprives such property of privileges enjoyed by other property in the vicinity and under the same zoning . classification. Facts: The proposal is to allow attached and an garage deck/driveway to encroach 29' into the required 30' front yard setback for a total setback of l' and to allow an entry deck to encroach 10' into the required 30' front yard setback for a total setback of 20'. The length of the garage encroachment is 20 feet and the length of the deck/driveway encroachment is 24'. The length of the entry deck encroachment is approximately 28'. The lot size is approximately .54 net acres with dimensions of approximately 111' x 244'. A steep incline exists on the west side of the property, starting at the edge of Saxony Road whereby the property gains legal access. Discussion: Although the site is of a significant size, the variance is requested due to the steep topography of the site directly adjacent to Saxony Road. To create a standard driveway to access the future residence would require significant grading and could significantly impact the site. A deck/driveway and garage are proposed of post and pier construction to minimize grading impacts to the site. The entry deck is proposed between the garage and the residence for pedestrian access to the residence. In essence, the project is designed to fit with the existing topography rather than changing the topography to accommodate the project. . DL/**/CM18-2847WP51 (10/12/92) 4 Conclusion: Therefore, the Board finds that due to the steep . topography of the site special circumstances are applicable to the property and that the strict application of the zoning regulations would deprive such property of conveniently accessible parking which is a privilege enjoyed by other property in the vicinity and under the same zoning classification. 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 same vicinity and zone in which property is situated. Facts: The proposal is to allow an attached garage and deck/driveway to encroach 29' into the required 30' front yard setback for a total setback of l' and to allow an entry deck to encroach 10' into the required 30' front yard setback for a total setback of 20'. Discussion: The existing single family residence adjacent to the subject site to the south has a similar topographic constraint and according to County of San Diego documents received a variance for a similar garage/access. The subject project would allow the applicant the same privilege as the property to the south and as other properties in the . neighborhood which do not have such severe topographic constraints. Approving the variance will preserve the right of the applicant to construct a single family home on the property. Conclusion: Therefore, the Leucadia Community Advisory Board finds that the approval of the variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the same vicinity and zone in which the property is situated. 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 regulations governing the parcel of property. Facts: The proposal is to allow an attached garage and deck/driveway to encroach 29' into the required 30' front yard setback for a total setback of l' and to allow an entry deck to encroach 10' into the required 30' front yard setback for a total setback of 20' for a proposed single family residence. The site is located within the RR-2 zone in which single family residences are permitted by right. Discussion: Approval of the variance would give the property viable access in order to accommodate the construction of a . DL/**/CM18-2847WP51 (10/12/92) 5 single family residence which is expressly allowed in the RR-2 4IÞ zone. Conclusion: Since single family residences are permitted by right, the Leucadia Community Advisory Board finds that approval of the variance to allow the proposed garage, deck/driveway and entry deck to encroach in the required front yard setback will not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of the 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 classifications: 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; . 4. Would authorize or legalize the maintenance of any public or private nuisance. Facts: The proposal is to allow an attached garage and deck/driveway to encroach 29' into the required 30' front yard setback for a total setback of l' and to allow an entry deck to encroach 10' into the required 30' front yard setback for a total setback of 20'. The length of the garage encroachment is 20 feet and the length of the deck/driveway encroachment is 24' . The length of the entry deck encroachment is approximately 28'. The lot size is approximately .54 net acres with dimensions of approximately 111' x 244'. A steep incline exists on the west side of the property, starting at the edge of Saxony Road whereby the property gains legal access. Discussion: Construction of a standard driveway to access the future residence is an alternate development plan, however a standard driveway would require significant grading and could significantly impact the site. A deck/driveway and garage are proposed of post and pier construction to minimize grading impacts to the site. The entry deck is proposed between the garage and the residence for pedestrian access to the residence. In essence, the project is designed to fit with 4IÞ DL/**/CM18-2847WP51 (10/12/92) 6 .. the existing topography rather than changing the topography to accommodate the project. The need for the variance is not self-induced since the existing topographic constraints' of the subject site are creating the need for the variance. The need for the variance is unique to the site due to the topographic constraints and would not result in a new front yard setback standard and it would not constitute a rezoning since the variance request is to allow for the construction of a single family residence which is expressly allowed for in the RR-2 zone. Granting of the variance will not authorize or ¡egalize the maintenance of any public or private nuisance. Original project plans submitted with the current application proposed a 0' setback for a garage and carport which would require vehicles to back directly into Saxony Road. Due to potential safety problems of having vehicles backing directly into Saxony Road revised plans were submitted which oriented the garage entry/doors to face north so that vehicles will back-up in a deck/driveway turn around and be able to turn into Saxony Road in a forward motion. Conclusion: Therefore the Leucadia Community Advisory Board finds that no alternate development plan is possible which would be less impacting to the site and adjacent properties, . that the need for the variance is not self induced, that the approval of this variance will not result in a rezoning or a new front yard setback standard; and the project will not legalize the maintenance of any public or private nuisance. . DL/**/CM18-2847WP51 (10/12/92) 7 . ATTACHMENT "B" RESOLUTION NO. L-92-14 CONDITIONS OF APPROVAL Applicant: Julie Castiglia and David Tolpingrud Case No. 92-125 V Subject: Conditions of approval for a variance to allow an attached garage and deck/driveway to maintain a l' setback in the required 30' front yard setback and to allow an entry deck to maintain a 20' setback in the required 30' front yard setback for a proposed single family residence in the RR-2 zone. Location: 1265 Saxony Avenue I. STANDARD CONDITIONS 1. GENERAL CONDITIONS A. This approval will expire in two years, on October 8, 1994, 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 Planning Commission within 15 calendar days from the date of this approval. C. Approval of this request shall not waive compliance with any sections of the Zoning Code and all other applicable City Ordinances in effect at the time of Building Permit issuance unless specifically waived here. D. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances in effect at the time of building permit issuance unless specifically waived here. E. Permits from other agencies will be required as follows: California Coastal Commission F. Project is approved as submitted as evidenced by the site plan, floor plan, and building elevations dated received by the City of Encinitas on . DL/**/CMI8-2847WP51 (10/12/92) 8 September 15, 1992 (consisting of six sheets), and . signed by a City Official as approved by the Leucadia Community Advisory Board on October 8, 1992, and shall not be altered without Community Development Department review and approval. G. Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that which is specifically described in this permit. H. Prior to Building Permit Issuance the applicant shall record a covenant with the County Recorder which sets forth the conditions of this approval. I. All cost recovery fees associated with the processing of the subject application shall be paid to the Department of Community Development prior to building permit issuance. J. For residential dwelling unites), the applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, School Fees, Water and Sewer Service Fees, and F~ood Control Fees. . K. Driveway shall meet the standards of the Zoning Ordinance, Public Works Standards, and the Off- Street Parking Design Manual. APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 2. FIRE A. ADDRESS NUMBERS: Address numbers shall be clearly visible from the street fronting the structure. The height of numbers shall conform to Fire District Standards. Where structures are located off a roadway on long driveways, a monument marker shall be placed at the entrance where the driveway intersects the main roadway. Permanent numbers shall be affixed to this marker. B. AUTOMATIC FIRE SPRINKLER SYSTEM: Structure(s) shall be protected by an automatic fire sprinkler system. Sprinkler systems shall be installed to the satisfaction of the Fire District. C. IMPACT FEES: Prior to building permit issuance, the applicant shall submit to the Community . DL/**/CM18-2847WP51 (10/12/92) 9 Development Department 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 Fire District. APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: All City Codes, regulations, and policies in effect at the time of building permit issuance shall apply. 3. STREET CONDITIONS A. 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. B. Five feet (5) shall be dedicated by the developer along the project frontage based on a ,center line to right-of-way width of 30 feet and in conformance with City of Encinitas Standards. . . DL/**/CM18-2847WP51 (10/12/92) 10