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,
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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.
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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
.
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. 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.
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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
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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
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.. 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.
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. 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
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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
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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.
.
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