1992-10
RESOLUTION NO. L-92-10
. A RESOLUTION OF THE LEUCADIA
COHHUNITY ADVISORY BOARD APPROVING A VARIANCE REQUEST
TO ALLOW A SECOND STORY ADDITION
TO AN EXISTING SINGLE FAMILY RESIDENCE
TO ENCROACH A MAXIMUM OF 9' INTO THE REQUIRED
TWENTY-FIVE FOOT REAR YARD SETBACK
FOR PROPERTY LOCATED AT
1630 BURGUNDY ROAD
(CASE NO. 92-103 V)
WHEREAS, Mona Baumgartel applied for a variance to allow for
a reduction in the required 25 foot rear yard setback in accordance
with Chapter 30.78 (Variances) of the City of Encinitas Municipal
Code to allow a second story addition to an existing single family
residence to encroach a maximum of 9' into the required 25 foot
rear yard setback for property located at 1630 Burgundy Road and
. legally described as follows:
SEE ATTACHMENT "A"
WHEREAS, a public hearing was conducted on application No. 92-
103 V on July 9, 1992 by the Leucadia Community Advisory Board, at
which time all persons desiring to be heard were heard; and,
WHEREAS, evidence was submitted and considered to include
without limitation:
a. site Plan, Floor Plan and Elevations dated 6/3/92
(consisting of 4 sheets) received by the City of
Encinitas on June 3, 1992; and Location Plan and Section
A dated 6/10/92 (consisting of 1 sheet), and topographic
plans dated 5/24/92 (consisting of 2 sheets), received by
the City of Encinitas on 6/10/92.
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, 92-103 V, dated July 2, 1992
which is on file in the Department of Community
Development; and
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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 "B"
NOW THEREFORE, BE IT RESOLVED by the Leucadia Community
Advisory Board that Variance application No. 92-103 V is hereby
approved subject to the following conditions:
SEE ATTACHMENT "C"
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 15301, Class (e) (2) and Section 15305, Class
5 (a) of the State CEQA Guidelines.
. PASSED AND ADOPTED this 9th day of July 1992, by the following
vote to wit:
AYES: Boardmembers Allen, Cameron, Eldon, Buck and Fahlberg
NAYS: None
ABSENT: None
ABSTAIN: None
~11. ~
Melissa Allen,
Chairperson of the Leucadia
Community Advisory Board
of the City of Encinitas
ATTEST:
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"
D1ane S. Langager '
,
Assistant Planner (
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ATTACHMENT "A"
. RESOLUTION NO. L-92-10
LEGAL DESCRIPTION
1630 BURGUNDY ROAD
APN: 254-162-68
PARCEL 1:
That portion of Lot 25 of Crest Acres, in the County of san Diego,
state of California, according to Map thereof No. 2019, filed int
he County Recorder's Office, May 3, 1927, described as follows:
Beginning at the Southwesterly corner of said Lot 25; thence North
84° 08' 30" East along the Southerly line of said Lot 100.00 feet
to a corner in the boundary of the land conveyed to Marie E. Kreger
by deed recorded December 24, 1964 as Document No. 233161 of
Official Records; thence North 05° 51' 30" West along the
Northwesterly extension of the Easterly boundary of said Kreger's
land 115.63 feet to the Northerly line of the South Half of said
Lot 25; thence South 84° 08' 30" West along said Northerly line
100.00 feet to the Northwest corner of said South Half; thence
South 05° 51' 30" East along the Westerly line of said Lot 25,
115.63 feet to the Point of Beginning.
. PARCEL 2:
An easement and right of way for road and public utilities, to be
used in common with others, over, under, along and across a 30.00
foot wide strip of land in Lot 25 of Crest Acres, in the County of
san Diego, State of California, according to Map thereof No. 2019,
filed int he County Recorder's Office May 3, 1927, the Northerly
line of said 30.00 foot strip being parallel with and measured
Northerly at right angles 30.00 feet from the southerly line of
said Lot 25, the Westerly line of said strip being the Easterly
line of Parcel 1 above.
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. ATTACHMENT "B"
RESOLUTION NO. L-92-10
Findings for Approval of a
Variance to the Rear Yard Setback
Pursuant to Section 30.78.030 of the Kunicipal Code
To Allow a Second Story Addition
To an Existing Single Family Residence
To Encroach a Kaximum of 9' into the Required
Twenty-five Foot Rear Yard Setback
Findings for a Variance Pursuant to Section 30.78.030 of the
Kunicipal 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 a second story addition to an
existing single family residence to encroach a maximum of 9'
. into the required 25 foot rear yard setback for a minimum
setback of 16'. The 16' setback is currently maintained by
the existing single story structure. The 16 foot setback is
the minimum proposed which occurs at the northwest corner of
the structure; a 20 foot setback will be maintained at the
southwest corner of the structure.
Discussion: The project site is accessed from a 30 foot
private road easement via Burgundy Road, which terminates at
the southeasterly corner of the site. By definition, the
front lot line of the subject parcel as now configured is the
east property line which causes the west property line to be
designated as the rear lot line. The required yard areas for
the subject site are contrary to how the house was originally
sited on the lot. The County of San Diego allowed the owner
to choose between rear and side yards for lots located at the
terminus of a private road easement. As presently sited, it
appears that the rear yard would have been measured from the
northerly lot line and the side yard would have been measured
from the westerly lot line. The existing structure is located
a minimum of 16 feet from the west property line. The
variance is requested in order to accommodate the second story
addition which is proposed in conformance with the existing
first story.
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Conclusion: Therefore, the Board finds that special
. circumstances are applicable to the project since the site is
located at the terminus of a private road easement and the
existing siting of the home was authorized through the County
of San Diego.
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 a second story addition to an
existing single family residence to encroach a maximum of 9'
into the required 25 foot rear yard setback for a minimum
setback of 16'. The 16' setback is currently maintained by
the existing single story structure. The 16 foot setback is
the minimum proposed which occurs at the northwest corner of
the structure, a 20 foot setback will be maintained at the
southwest corner of the structure.
Discussion: The required yard areas for the subject site are
contrary to how the house was originally sited on the lot.
The County of San Diego allowed the owner to choose between
rear and side yards for lots located at the terminus of a
private road easement. As presently sited, it appears that
. the rear yard would have been measured from the northerly lot
line and the side yard would have been measured from the
westerly lot line. A minimum setback of at least 39' will be
maintained from the northerly property line with the proposed
project, which in essence will be physically utilized by the
residents as a true rear yard.
Conclusion: Since a 39' setback will be maintained from the
northerly property line which will function as a rear yard
area, 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
the property.
Facts: The proposal is to allow a second story addition to an
existing single family residence to encroach a maximum of 9'
into the required 25' rear yard setback for a minimum setback
of 16'. The project site is located in the RR-2 zone which
expressly allows for single family residential homes.
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Discussion: The remodel is to enlarge the existing single
. family residence, and in no way will change the current single
family residential use.
Conclusion: Therefore the Leucadia Community Advisory Board
finds that approval of the variance will not authorize a use
or activity which is not otherwise expressly authorized by the
zoning regulations governing the parcel of 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
var1ance;
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 a second story addition to an
existing single family residence to encroach a maximum of 9'
into the required 25 foot rear yard setback for a minimum
setback of 16'. The 16' setback is currently maintained by
the existing single story structure. The 16 foot setback is
the minimum proposed which occurs at the northwest corner of
the structure, a 20 foot setback will be maintained at the
southwest corner of the structure. A minimum setback of at
least 39' will be maintained from the northerly property line
with the proposed project, which in essence will be physically
utilized by the residents as a true rear yard.
Discussion: An addition could be accommodated on the north
side of the home whereby the addition would not encroach into
the rear yard setback. This proposal would be more impacting
to the site since it will occupy the area presently used by
the residents as a true rear yard and since this portion of
the property is not surrounded by the large conifer trees,
could potentially block the existing view corridor of the
property to the east. The variance request is not self-induced
since the need for the variance is predicated upon the fact
that the County of San Diego allowed the choice of rear yards
for those lots located at the terminus of private road
easements, which resulted in the present siting of the
existing single family residence. Furthermore, the applicant
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played no part in the change in regulation by the City of
. Encinitas which by definition requires the rear yard setback
to be measured from the westerly property line of the subject
property. The need for the variance is unique to the subject
property since the site is located at the terminus of a
private road easement and the County of San Diego allowed for
the choice of rear yard setbacks for lots located at the
terminus of private roads which lead to the present siting of
the existing single family residence. The variance would not
result in a new rear yard setback standard since a setback of
at least 39 feet will be maintained from the northerly
property line. Additionally, the project will not authorize
or legalize the maintenance of a private or public nuisance.
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, and that
the approval of this variance will not result in a new rear
yard setback standard or legalize the maintenance of any
public or private nuisance.
.
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. ATTACHMENT "c"
RESOLUTION NO. L-92-10
CONDITIONS OF APPROVAL
Applicant: Mona Baumgartel
Case No. 92-103 V
Subject: Conditions of approval for a variance to allow a
second story addition to an existing single family
residence to encroach a maximum of 16' into the
required 25' rear yard setback in the RR-2 zone.
Location: 1630 Burgundy Road
I. SPECIFIC CONDITIONS
A. All portions of the driveway shall be located on the
subject property and/or within the private road easement;
or the easement shall be extended to allow for the
existing driveway which presently encroaches onto the
adjacent property to the east (APN: 254-162-45).
B. A plan shall be submitted for approval by the Director of
. Community Development and the Fire Protection District
regarding the treatment of the site during the
construction phase, and the circulation and parking of
construction workers' vehicles and any heavy equipment
needed for the construction of the project.
II. STANDARD CONDITIONS
1. GENERAL CONDITIONS
A. This approval will expire in one year, on July 9,
1993, 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.
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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 Elevations dated
6/3/92 (consisting of 4 sheets) received by the
City of Encinitas on June 3, 1992; and Location
Plan and Section A dated 6/10/92 (consisting of 1
sheet), and topographic plans dated 5/24/92
(consisting of 2 sheets), received by the City of
Encinitas on 6/10/92, and signed by a City Official
as approved by the Leucadia Community Advisory
Board on July 9, 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 sign and cause to be recorded a covenant,
prepared to the satisfaction of the Community
Development Director, 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.
APPLICANT SHALL CONTACT THE DEPARTKENT OF PLANNING AND COHHUNITY
DEVELOPKENT REGARDING COKPLIANCE WITH THE FOLLOWING CONDITIONS:
2. SITE DEVELOPMENT
A. 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, and School Fees.
Water and Sewer Service Fees, Drainage Fees, and
Arrangements to pay these fees shall be made paid
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prior to building plan check approval as deemed
. necessary by the appropriate agency.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COKPLIANCE WITH THE FOLLOWING CONDITIONS:
3. 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. RECORDATION: Prior to building permit issuance,
the applicant shall submit to the Planning
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 DEPARTKENT REGARDING
. COMPLIANCE WITH THE FOLLOWING CONDITIONS:
4. ENGINEERING CONDITIONS
All City codes, regulations, and policies in effect at
the time of building permit issuance shall apply.
5. 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 SDG&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.
D. The developer shall be responsible for the
relocation and undergrounding of existing public
utilities, as required.
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