1988-28
RESOLUTION NO. OE-28
A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD
8 APPROVING A VARIANCE FROM THE SETBACK REQUIREMENTS
OF THE ZONING ORDINANCE TO ENABLE AN ADDITION
TO AN EXISTING SINGLE FAMILY RESIDENCE
LOCATED AT 820 NARDO ROAD
WHEREAS, a request for a variance from the City's setback
regulations was filed by Carol Metzger and George Browning in
order to make possible a proposed addition to an existing
single family residence at 820 Nardo Road, on a site legally
described as Parcel 2 of Parcel Map 1350, filed in the Office
of the San Diego County Recorder on March 1, 1973; and
WHEREAS, a public hearing was conducted on the application
on April 7, 1988; and
WHEREAS, the Community Advisory Board considered:
8 1. The staff report dated March 30, 1988;
2. The site plan and floor plans submitted by the
applicant;
3. Oral testimony submitted at the hearing;
4. Written evidence submitted at the hearing; and
WHEREAS, the Board members found that the location of the
subject property relative to the adjacent easement road
resulted in setbacks which make any addition to the existing
650 square foot home impractical, and therefore that:
A. 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.
B. The variance granted will not constitute a grant of
8 special privileges inconsistent with the limitations
TC/03/CR03-35wp (5/6188-1)
upon other properties in the vicinity and zone in
which such property is situated.
8 c. The variance will not authorize a use or activity
which is not otherwise expressly authorized by the
zoning regulation governing the parcel of property.
D. The need for the variance:
1. Could not be avoided by an alternate development
plan;
2. Is not self-induced as a result of an action
taken by the property owner or the owner's
predecessor;
3. Would not allow such a degree of variation as to
constitute a rezoning or other amendment to the
zoning code; or
4. Would not authorize or legalize the maintenance
of any private or public nuisance.
NOW THEREFORE, BE IT RESOLVED that Variance Application
88-056V is hereby approved subject to the following conditions:
1. Prior to building permit issuance, the Developer
shall provide evidence of a Coastal Development
Permit or Notice of Exemption from the
California Coastal Commission satisfactory to
the Community Development Department.
8 2. The adjacent road easement shall be kept free
and clear of any obstruction from vehicles
parked on the subject property.
PASSES AND ADOPTED this 7th day of April, 1988, by the
following vote, to wit:
AYES: Couglar, Hano, Kauflin, Tobias, Rollman
NAYS: None
ABSENT: None 7-(~ ~
iarry Coug r, Chairm n of the
Old Encinitas Community Advisory Board
ATTEST:
~-~:> ~
Tom Curriden
Assistant Planner
8 TC/O6/CRO3-35wp (4/25/88)