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1987-1 ----------.....---..--- RESOLUTION NO. L 87-0 A RESOLUTION OF THE LEUCADIA COMMUNITY ADVISORY BOARD OF THE CITY OF ENCINITAS APPROVING MINOR USE PERMIT 87-165 MIN FOR AN ACCESSORY APARTMENT FOR PROPERTY LOCATED AT 627 EZEE STREET KNOWN AS: That portion of the Southwest Quarter of the Northwest quarter of Section 10, Township 13 South, Range 4 West, San Bernardino Base and Meridian, according to the Official Plat thereof, as more particularly described per Exhibit "A" which is attached hereto and made a part hereof. WHEREAS, Kathleen Harvey applied for a Minor Use Permit to allow for construction of an Accessory Apartment in accordance wi th Section 6156 (w.) of the Zoning Ordinance as part of the single family residence located at 627 Ezee Street; and WHEREAS, a public hearing was conducted on application 87-165 MIN on December 17, 1987 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: 1. The application submitted (Attachment A) by Kathleen Harvey including all plans for development and other written information, which is incorporated by this reference as though fully set forth herein; and 2. The staff report (Attachment B) dated December 14, 1987, which is incorporated by this reference as though fully set forth herein; and RF/03/CRO5-197wp CASE NUMBER 87-165 MIN Page 1 of 4 .~--_.. ---- 3. Oral information submitted at the hearing; and 4. Additional written documentation. NOW THEREFORE, BE IT RESOLVED by the Leucadia Community Advisory Board of the City of Encinitas that: 1. The application as submitted is found to be substantially in compliance with the requirements for a Minor Use Permit, for the reasons set forth in item II(E) of the staff report; and 2. The application as submitted is found to be substantially in compliance with the requirements for an Accessory Apartment, for the reasons set forth in item II(F) of the staff report. BE IT RESOLVED that the Leucadia Community Advisory Board of the City of Encinitas hereby approves Minor Use Permit Application 87-165 MIN subject to the following conditions: I. That the structure will be built in accordance with the submitted plan; and 2. That the accessory apartment will not be sold separately (or held in separate ownership) from the primary dwelling on the parcel; and 3. That the applicant shall file with the City a signed affidavit agreeing to accessory apartment occupancy requirements; and 4. Prior to issuance of a building permit, the document described in item 3. above shall be notarized and recorded with the County Recorder; and 5. That this approval shall run with the land and that all conditions shall be applicable to all future owners of the subject property; and RF/03/CRO5-197wp CASE NUMBER 87-165 MIN Page 2 of 4 --------- -'-.- ..------ 6. That this approval will expire on December 17, 1988, one year from date of approval, should the applicant not obtain a building permit and make improvements in reliance on this approval. 7. That a one car carport be constructed to replace the loss of a covered parking space. PASSED AND ADOPTED this 17th day of December, 1987, by the following vote, to wit: Ayes: Eldon, Dean, Reed Nays: None Absent: Goldstein, Harwood ATTEST: æ John EI on, Chairman of the Leucad' Community Advisory Board of the City of Encinitas Planner RF/03/CRO5-197wp CASE NUMBER 87-165 MIN Page 3 of 4 --..-----..-...-- EXHIBIT "A" PARCEL 1: That portion of the Southwest Quarter of the Northwest Quarter of Section 10, Township 13 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to the Official Plat thereof described as follows: Beginning at a point on the East line of said Southwest Quarter of the Northwest Quarter which is North 03027'10" East, 404.30 feet from the Southeast corner thereof, being the Southeast corner of land described in deed to Russel D. Gordy, et aI, was recorded June 18, 1969 as File No. 109l84 of Official Records; thence along the South line thereof North 89035'40" West, 493.26 feet to the Southwest corner of said land, being the TRUE POINT OF BEGINNING; thence North 03055'26" East, 10.00 feet to the Northeast corner of land described in Quitclaim Deed to Evelyn May Serowick and Blanch Ethel Nokes, as Trustees, recorded April 18, 1963 as File No. 66948 of Official Records; thence along the boundary thereof as follows: North 89035'40" West, 211.43 feet and South 03055'26" West, 90.05 feet and South 89035'40" East, 161. 43 feet and North 03055'26" East, 80.05 feet and South 89035'40" East, 50.00 feet to the TRUE POINT OF BEGINNING. PARCEL 2. An easement for road and utility purposes over that portion of the Southwest Quarter of the Northwest Quarter of Section 10, Township 13 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to the Official Plat thereof described as follows: Beginning at a point on the East line of said Southwest Quarter of the Northwest Quarter which is North 03027'10" East, 404.30 feet from the Southeast corner thereof, being the Southeast corner of land described in deed to Russel D. Gordy, et aI, was recorded June 18, 1969 as File No. 109184 of Official Records; thence along the South line thereof North 89035'40" West, 493.26 feet to the Southwest corner of said land, thence North 03055'26" East, 20.01 feet to the Northwest corner of said land; thence along the North line thereof South 89035'40" East, 493.08 feet to the Northeast corner of said land; thence South 03027'10" West, 20.00 feet to the POINT OF BEGINNING. EXCEPT that portion lying within County Road Survey No. 700-1 known as Saxony Road, described in deed to the County of San Diego, recorded March 23, 1971 as File No. 55528 of Official Records. RF/03/CRO5-197wp CASE NUMBER 87-165 MIN Page 4 of 4