1987-16
RESOLUTION NO. OE-16
8 A RESOLUTION OF THE OLD ENCINITAS
COMMUNITY ADVISORY BOARD DENYING A VARIANCE
TO ALLOW AN EATING AND DRINKING TO OCCUpy AN AREA
IN EXCESS OF THE AMOUNT ALLOWED UNDER CODE WITHIN
MOONLIGHT PLAZA, LOCATED AT 345 FIRST STREET (87-076 V /DR)
WHEREAS, a request for an amendment to a previous site plan
approval and variance to permit the location of a 1,340 square
foot eating and drinking establishment in excess of the area
allowed for that use under the provisions of the zoning ordinance
and in excess of what was permitted under the previous site plan
approval was requested by Moonlight Plaza; and
WHEREAS, a public hearing was conducted on the application
on December 10, 1987; and
8
WHEREAS, the Community Advisory Board considered:
1. The staff report dated December 10, 1987;
2. The floor plans and letter of justification received
with the application;
3. Oral evidence submitted at the public hearing; and
4. written evidence submitted at the public hearing; and
WHEREAS, at said hearing the Community Advisory Board was
unable to make the required findings to warrant a variance set
forth in section 30.78.030 of the zoning ordinance, finding that
the need for the variance could be avoided with an alternate
development strategy and was self-induced by action of the owner
8 in contradiction to required finding "D" and that approval of
CAB7-380 (12-14-87)
such a variance would constitute a grant of special privilege to
8 the applicant in contradiction to required finding "B" of said
section.
NOW THEREFORE, BE IT RESOLVED that site plan amendment and
variance application 87-076 V/DR is hereby denied.
PASSED AND ADOPTED this 10th day of December, 1987, by the
following vote to wit:
AYES: Rollman, Couglar, Tobias
NAYS: Hano, Kauflin
ABSENT: None
8 H~~ Ch~e
Old Encinitas community Advisory Board
ATTEST:
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Tom Curriden, Assistant Planner
8
CAB7-380 (12-14-87)