1989-09
RESOLUTION NO. 89-09
A RESOLUTION OF THE LEUCADIA
8 COMMUNITY ADVISORY BOARD TO APPROVE A VARIANCE
TO CONSTRUCT A SECOND FLOOR ADDITION AND REMODEL
A SINGLE FAMILY RESIDENCE LOCATED AT 1031 NEPTUNE AVENUE
(CASE NO. 89-065-V)
WHEREAS, a request for consideration of a Variance was
filed by Jack B. Quick to allow the construction of a second
floor addition and remodeling, as per Chapter 30.78 of the City
of Encinitas Municipal/Zoning Codes, for the property located
at 1031 Neptune Avenue, legally described as:
Lot 14 in Block 7 of South coast Park No. 2, in the County
of San Diego, state of California, according to map
thereof No. 1859 filed in the Office of the County
Recorder of San Diego County, september 21, 1925.
WHEREAS, a public hearing was conducted on the
application, May 11, 1989 and all persons desiring to be heard
were heard; and
WHEREAS, evidence was submitted and considered to include
without limitation:
1. The staff report dated May 4, 1989;
8 2. The proposed General Plan, Local Coastal Program,
Zoning Code and maps;
3. Oral evidence submitted at the hearing;
4. written evidence submitted at the hearing;
5. Documentation and site plans submitted by the
applicant; and
WHEREAS, the Leucadia Community Advisory Board made the
required findings pursuant to Section 30.78 of the zoning Code
(See Attachment "A").
NOW, THEREFORE, BE IT RESOLVED by the Leucadia community
Advisory Board of the City of Encinitas that the Variance
Application is hereby approved subject to the following
conditions:
(1) The project as submitted is approved and shall not be
altered without City approval.
(2) The owner(s) shall submit proof of Coastal Commission
approval prior to issuance of a Building Permit.
(3) A licensed surveyor or civil engineer shall verify
the height of the structure at the time of framing
inspection to certify that the height shall conform
tit to approved plans.
COjO2/CRO4-218wp5 1(2-8-89-1)
CASE NO. 89-065-V
8 (4) The developer shall execute and record a covenant for
the benefit of the City with the County Recorder
agreeing not to oppose the formation of an assessment
district to fund the installation of right-of-way
improvements.
(5) No obstructions shall be permitted within the public
right-of-way to the satisfaction of the Public Works
Department.
(6) Construction plans must clearly show if lower level
is a basement or a story based on definitions in
section 403 and 420 of the Building Code. A second
exit is required from the 3rd level if it is
determined to be a 3rd story.
(7) If required by the city Fire Department, a fire
sprinkler system shall be installed per NFPA 13 D and
Encinitas Fire Ordinance specifications.
(8) Owner(s) shall enter into a covenant waiving any
claims of liability against the City and agree(s) to
indemnify and hold harmless the City and City
Employees relative to the approved project. This
covenant is applicable to any bluff failure and
erosion resulting from the development project.
8 1. GENERAL CONDITIONS
A. This approval will expire on May 11, 1991 after the
approval of this project unless the conditions have
been met or an extension has been approved by the
Authorized Agency.
B. This approval may be appealed to the authorized agent
within 10 days from the date of this approval.
C. At all times during the effective period of this
permit, the applicant shall obtain and maintain in
valid force and effect, each and every license and
permit required by a governmental agency for the
operation of the authorized activity.
D. At no time during the effective period of this permit
shall the appl icant be delinquent in the payment of
taxes or other lawful assessments relating to the
property which is the subject of this permit.
E. In the event that any of the conditions of this
permit are not satisfied, the Planning Department
shall cause a noticed hearing to be sent before the
authorized agency to determine why the City of
C~2/CRO4-218WP5 2(2-8-89-1)
CASE NO. 89-065-V
8 Encinitas should not revoke this permit.
F. Upon a showing of compelling public necessity
demonstrated at a noticed hearing, the City of
Encinitas, acting through the authorized agency, may
add, amend, or delete conditions and regulations
contained in this permit.
G. Nothing in this permit shall relieve the applicant
from complying with the conditions and regulations
generally imposed upon activities similarly in nature
to the activity authorized by this permit.
H. Nothing in this permit shall authorize the applicant
to intensify the authorized activity beyond that
which is specifically described in this permit.
I. 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.
J. 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
8 ordinances in effect at the time of building permit
issuance.
K. This approval shall become null and void if building
permits are not issued for this project within one
year from the date of project approval.
L. Project is approved as submitted/modified and shall
not be altered without Planning and Community
Development Department review and approval.
APPLICANT S HAIJ.. CONTACT THE DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE
FOLLOWING CONDITIONS:
2. SITE DEVELOPMENT
A. Building identification and/or addresses shall be
placed on all new and existing buildings so as to be
plainly visible from the street or access road; color
of identification and/or addresses shall contrast
with their background color.
3. EXISTING STRUCTURE
8 A. Provide compliance with the Uniform Building code for
CO/02/CRO4-218wp53(2-8-89-1)
CASE NO. 89-065-V
property line clearances considering use, area and
fire resistance of existing buildings.
8 B. Existing building(s) shall be made to comply with
current building and zoning regulations for the
intended use or the building shall be demolished with
appropriate permits.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
4. STREETS AND SIDEWALKS
A. All damaged off-site public works facilities,
including parkway trees, shall be repaired or
replaced prior to exoneration of bonds and
improvements, to the satisfaction of the Department
of Public Works.
B. 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.
C. Developer shall execute and record covenant with the
County Recorder agreeing not to oppose the formation
of an assessment district to fund the installation of
8 right-of-way improvements.
D. In Irrevocable Offer of Dedication (I.O.D.) shall be
amde for 10 feet along Neptune adjacent to the
property for public right of way purposes. Neptune is
classified as a local street requiring a 60 foot
right of way or 30 feet from the official centerline
of such street.
E. An Irrevocable Offer of Dedication shall be made for
10 feet along Diana Street adjacent to the property
for road purposes. Diana Street is classified as a
local street requiring a 60 foot right of way or 30
feet from centerline.
CO~2/CRO4-218WP5 4(2-8-89-1)
PASSED AND ADOPTED this 11th day of May, 1989, by the
8 following vote, to wit:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
~ e..cJ2
craig Olson
Assistant Planner
8
8
COjO2jCRO4-218wp5 5(2-8-89-1)
CASE NO. 89-065-V
ATI'ACHMENT II A II
8 LEUCADIA COMMUNITY ADVISORY BOARD
RESOLUTION NO. 89-09
Findings for a Variance
(Section 30.78.030 Municipal Code)
A. 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 lot has an irregular shape due to the curve in Diana
Street which results in only a 34.4 foot street frontage
on Neptune Avenue whereas most of the other properties
have 50 to 53 foot frontages. The rear property line is
only 21 feet while the neighboring lots have 41 to 50 foot
rear boundaries. The Diana Street side of the property
8 curves to follow the street to a maximum of about 55 feet.
Since the property is longer and narrower than most of the
lots in the neighborhood, the side yard setbacks from
Diana Street drastically reduce the buildable area.
The site, being located on the corner, subjects the site
to not only the front yard setback but the exterior side
yard setback which is at least five feet larger than the
normal interior yard setback.
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 vicinity
and zone in which such property is situated.
Evidence to Consider:
Other properties in the vicinity and in the same zone have
the right to build second floor additions which in most
cases could be and, where already built, generally are as
large or larger than the applicant, if he receives the
var1.ance, would be permitted to build.
C. A variance will not be granted for a parcel of property
P~2/CRO2-51WP (5/16/88)
CASE NO. 89-065-V
C. A variance will not be granted for a parcel of property
8 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 variance, if granted to the applicant, would not
authorize a use or activity not already expressly
permitted by the zoning Code.
D. 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
8 private or public nuisance.
Evidence to Consider:
1. The property is already fully developed and, given
the other setback requirements, there is no where
else on the site to expand.
2. The original residence was built over 35 years ago.
Self-induced action by the property owner or the
owner's predecessor is highly unlikely.
3. The variance would not constitute a rezone.
4. The variance would permit an interior and exterior
remodeling of the property which is currently well-
maintained and would not, therefore, legalize or
authorize the maintenance of any private or public
nuisance.
pJ2/CRO2-51WP (5/16/88)