1988-33
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RESOLUTION NO. L88-33
A RESOLUTION OF THE LEUCADIA COHHUNITY ADVZSORY BOARD
CITY OF ENCINITAS, APPROVING A VARIANCE
TO REDUCE THE REQUIRED EXTERIOR SIDE YARD SETBACK
FROM THE CENTERLINE OF A PRIVATE EASEMENT ROAD
FROM 35 FEET TO 17 FEET TO ALLOW FOR
EXISTING DEVELOPMENT ADJACENT TO THB PRIVATE
EASEMENT ROAD FOR PROPERTY LOCATED AT
1238 HERMES AVENUE
(CASE NUMBER 88-161 V/EIA)
WHEREAS, a request for consideration of a Variance and
Environmental Assessment was filed by Kathy Lynn Kirk to allow a
reduction in the required side yard setback from the centerline of
a private easement road from 35 feet to 17 feet as per Chapter 30
of the City of Encinitas Municipal/Zoning Codes, for the property
located at 1238 Hermes Avenue, also known as assessor's parcel
number 254-253-05, legally described as;
Lot 18 in Block 2, SOUTH COAST PARK, in the County of San
Diego, State of California, according to Map thereof No. 1776,
filed in the Office of the County Recorder of San Diego
-.. County,
WHEREAS, a public hearing was conducted on the application on
May 26, July 14, August 10, August 24, October 13, 1988, and
November 17, 1988; and
WHEREAS, the Leucadia Community Advisory Board of the City of
Encinitas considered:
1. The staff reports dated May 19, July 11, August 3, August
17, October 4, 1988, and November 8, 1988;
2. The application and maps submitted by the application;
3. Oral evidence submitted at the hearing;
4. Written evidence submitted at the hearing; and
5. The proposed General Plan, Local Coastal Program, Zoning
Code and Maps.
BF/05/CRO4-209WP5 (1-5-89) CASE NO. 88-161 V/EIA
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WHEREAS, the Leucadia Community Advisory Board of the City of
Encinitas made the following findings pursuant to the
Municipal/Zoning Codes:
SEE ATTACHMENT "A"
NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community
Advisory Board of the City of Encinitas that application 88-161
V/EIA 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 will not have a significant effect on the
environment and a Negative Declaration is hereby certified,
pursuant to the California Environmental Quality Act (CEQA).
PASSED AND ADOPTED this 17th day of November, 1988, by the
following vote, to wit:
AYES: Goldstein, Eldon, Dean
- NAYS: None
ABSENT: Reed, Harwood
~ M:l=7
Michael Goldstein, Chairman
of the Leucadia Community
Advisory Board of the City
of Encinitas
ATTEST:
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ATTACHMENT "A"
Findings for a Variance
(Section 30.78.030 Municipal Code)
1. 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 privileges enjoyed by other property in the
vicinity and under identical zoning classification.
Evidence to Consider:
The applicant maintains that to subdivide the subject
site an easement road must be created. This road can
only be placed on the southern portion of the lot and
will be within 6 feet of the existing home, therefore an
unusual hardship is being imposed on this lot by
enforcing the current zoning standards that make it
considerably more difficult to develop the parcel than
if these constraints didn't exist. The applicant states
that a majority of lots with homes to the rear of homes
on Hermes Avenue are accessed by driveways which are
adjacent to existing structures.
It is acknowledged by the Board that the applicant's
property is unique in location, shape, size and
_. surroundings from the majority of lots in the vicinity
and under the same zoning as other similarly sized lots
were allowed to develop with similar setbacks width.
Proposed findings:
(a) The applicant.s property is physically special and
unique in contrast with other lots in the same
vicinity, which are similarly developed with
setbacks from private roads similar to the proposed
setbacks.
(b) That the proposed development will have no
significant impact on the environment as no
significant impacts were determined when the
proposed project was reviewed.
2. 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 vicinity and zone in which such property is
situated.
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Evidence to Consider:
Adjacent parcels are developed with structures with
similar setbacks from private easement roads. This
particular property has considerably unique circumstances
that would warrant a finding granting a variance. The
zoning standards adopted by the City are being imposed
on all current development and such development is
required to be in conformance with the existing
standards, unless adequate findings can be made (as
setforth in Chapter 30.78 of the Zoning Ordinance) to
support the granting of the variance.
Proposed findings:
The privilege sought by the applicant is not inconsistent
with the limitation upon other properties in the vicinity
and zone, and is being enjoyed by owners of property in
the vicinity and under the identical zoning
classification, since other lots in the same vicinity and
zone have been allowed to develop improvements similar
to those as proposed by the applicant on their property.
3. 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 to consider: The use of the property is
proposed to be single family residential which is
expressly allowed in this zone.
Proposed finding: The granting of this variance would
not authorize a use that is not expressly authorized by
the zoning regulations, since single family
residential structures are allowed in this zoning
district.
4. No variance shall be granted if the inability to enjoy
the privilege enjoyed by other property in the vicinity
and under identical zoning classification:
1. Could be avoided by an alternate development plan;
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 to consider: There is not sufficient available
space on the site to facilitate the proposed subdivision
without the need for a variance from the setback
requirements.
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Proposed finding: The granting of this variance would
not grant a privilege not enjoyed by other property in
the vicinity, since an alternate development plan cannot
be utilized to accomplish the improvements proposed
within the standards set forth in the Zoning Ordinance.
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ATTACHMENT "B"
STANDARD CONDITIONS
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNZNG AND
COHHUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS (ITEMS 1 THROUGH 10):
GENERAL CONDITIONS
1. This approval will expire on November 17,1990, after the
approval of this project unless the conditions have been
met or an extension has been approved by the authorized
agency (agent).
2. This approval may be appealed to the authorized agency
(agent) within 10 days from the date of this approval.
3. In the event that any of the conditions of this permit
are not satisfied, the Planning and Community Development
Department shall cause a noticed hearing to be sent
before the authorized agency (agent) to determine why the
City of Encinitas should not revoke this permit.
4. Upon a showing of compelling public necessity
demonstrated at a noticed hearing, the City of Encini tas,
acting through the authorized agency (agent), may add,
amend, or delete conditions and regulations contained in
this permit.
5. Nothing in this permit shall authorize the applicant to
intensify the authorized activity beyond that which is
specifically described in this permit.
6. 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.
7. Permits or findings of exemption shall be obtained from
other agencies as follows:
a. Coastal Commission
8. The application is approved as submitted/modified and
shall not be altered without authorized agency (agent)
review and approval.
9. For new or converted 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, Traffic Fees, Drainage Fees, and Park
Fees. These fees shall be paid prior to (as applicable) :
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a. Final map approval; or
b. Building permit issuance; or
c. Final occupancy inspection.
10. Any change to the natural drainage or concentration of
drainage shall be adequately handled and shall not impact
adjacent properties.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS (ITEMS 11
AND 12):
FIRE
11. All designated emergency access roads shall be posted
per the Fire Department.
12. Submit a letter from the Encinitas Fire Protection
District stating satisfaction with the type and location
of Fire hydrants and the minimum required water flow in
gallons per minute together wi th a letter from the
appropriate agency certifying that the fire department's
minimum required water flow is available to serve the
site. Provisions shall be made to ensure a maximum water
pressure at the fire hydrant of 150 psi. The
installation of a pressure reducing station may be
required. Required fire hydrants shall be of a bronze
type.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS: (ITEMS 13 THROUGH
16):
GRADING
13. Grading of the subject property shall be in accordance
with the Grading Ordinance.
STREETS AND SIDEWALKS
14. Prior to any work being performed in the public
right-of-way, a right-of-way construction permit shall
be obtained from the Public Works office and appropriate
fees paid, in addition to any other permits required.
15. 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.
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16. An Irrevocable Offer of Dedication (I. O. D.) shall be made
for 5 feet along Hermes Avenue adjacent to the property
for public right-of-way purposes.
Hermes Avenue is classified as a Local street requiring
a 60 foot right-of-way or 30 feet from the official
centerline of such street.
APPLICANT SHALL CONTACT THE APPROPRIATE AGENCY REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS (ITEM 17):
17. That all required improvements conform to City Standards.
_..
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