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1988-33 -----"--""-----.... ....--..-.-..-................- --"'-""'-""" """'-"""'....,-... -.... "".-'--.. 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 PAGE 1 OF 8 -.-------.----------.-.-..,--....-..,..---- ..... ----------- 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: BF/05/CRO4-209WP5 (1-5-89) CASE NO. 88-161 V/EIA PAGE 2 OF 8 -- -...-.. ------~_._----_..._---"_.._-_._--".__..._-_.- 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. BF/05/CRO4-209WP5 (1-5-89) CASE NO. 88-161 V/EIA PAGE 3 OF 8 - ----...-----.----..-.---- -. ......._-----~-----....__..-._-..- 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. BF/05/CRO4-209WP5 (1-5-89) CASE NO. 88-161 V/EIA PAGE 4 OF 8 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. BF/05/CRO4-209WP5 (1-5-89) CASE NO. 88-161 V/EIA PAGE 5 OF 8 ----""--__0"_____------....---.- ...-.. -.......----.........-..,..-----.............,-- 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) : BF/05/CRO4-209WP5 (1-5-89) CASE NO. 88-161 V/EIA PAGE 6 OF 8 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. BF/05/CRO4-209WP5 (1-5-89) CASE NO. 88-161 V/EIA PAGE 7 OF 8 --- --- ---------------.-----..--..-..-.---.. --..----.-..-- 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. _.. BF/05/CRO4-209WP5 (1-5-89) CASE NO. 88-161 V/EIA PAGE 8 OF 8