Loading...
1988-39 . , RESOLUTION NO OE-39 A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD CITY OF ENCINITAS, DENYING A MINOR USE PERMIT TO ALLOW A TWO STORY ACCESSORY STUDIO STRUCTURE BEHIND A SINGLE FAMILY DWELLING LOCATED AT 199 LA MESA AVENUE (CASE NUMBER 88-170MIN) WHEREAS, a request for consideration of a Minor Use Permit was filed by Nilly Gill to allow a two story accessory structure being used as an art studio to remain as per Chapter 6156 and Chapter 30.74 of the city of Encinitas Zoning Codes, for the property located at 199 La Mesa Avenue, legally described as; Those portions of Lots 7 and 8 in Block "c" of North Encinitas in the County of San Diego, State of California, according to Map thereof No. 1845, filed in the Office of the County Recorder of said County, July 18, 1925, and that portion of Lot 9 in Block "I" of Seaside Gardens in the County of San Diego, State of California, according to Map thereof No. 1800, filed in the Office of the County Recorder of said County, August 6, 1924 described as a whole as follows: Beginning at the Northwesterly corner of said Lot 7 in said Block "C", being also a point on the Easterly line of La Mesa Avenue, 50.00 feet in width; thence North 61026'30" East, 25.03 feet along the Northerly line of said lot 7 to the Southerly corner of said Lot 9 in said Block "I"; thence North 18050'00" West, 17.21 feet along the Southwesterly line of said Lot 9" thence North 88020'30" East, 37.49 feet to the Northerly line of said Lot 7' thence continuing North 88020'30" East, 67.65 feet to a point on the Easterly line of said Lot 7, South 06031'00" East, 33.02 feet from the Northeasterly corner of said Lot 7; thence South 06031'00" 41. 79 feet along the , Easterly line of said Lots 7 and 8 to a point which is South 06031100" East, 20.21 feet from the Northeasterly corner of said Lot 8; thence South 87055'50" West, 60.61 feet to an intersection with the Southerly line of said Lot 7; thence continuing South 87055'30" West, 50.28 feet to a point on the Westerly line of said Lot 7 which is South 02010'30" East, 14.92 feet from the Point of Beginning thence North 02010'30" East, 14.92 feet to the Point of Beginning. TC/03/CRO2-89WP 1(7-11-88-1) . WHEREAS, a public hearing was conducted on the application on July 7, 1988; and WHEREAS, the Community Advisory Board Considered: 1. The staff report dated July 1, 1988; 2. The application and plans submitted by the applicant; 3. Oral evidence submitted at the hearing; 4. written evidence and additional photographs of surrounding properties submitted at the hearing; and WHEREAS, the Old Encinitas Community Advisory Board made the following findings pursuant to the Section 30.74.070 of the Zoning Ordinance: SEE ATTACHMENT "A" NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community Advisory Board of the city of Encinitas that minor use permit 88-170MIN is hereby denied. TCj03jCRO2-89WP 2(7-11-88-1) . PASSED AND ADOPTED this 7th day of July, 1988, by the following vote, to wit: AYES: Couglar, Kauflin, Tobias, Hano NAYS: None ABSENT: Rollman ABSTAIN: None ß~~ Harry Couglar, Chairman of the Old Encinitas Community Advisory Board Board ATTEST: ~::-:. ~ Tom Curriden Assistant Planner TC/03/CRO2-89WP 3(7-11-88-1) i . . ATTACHMENT "A" OLD ENCINITAS (COMMUNITY ADVISORY BOARD) RESOLUTION NO. OE-39 Findings for a Use Permit (Section 30.74.070, of Municipal Code) 1. The location, size, design or operating characteristics of the proposed project incompatible with or adversely affect or be materially detrimental to adjacent uses, residences, buildings, structures or natural resources, with consideration given to, but not limited to: (a) The inadequacy of public facilities, services and utilities to serve the proposed project; (b) The unsuitability of the site for the type and intensity of use or development which is proposed; and (c) The harmful effect, if any, upon environmental quality and natural resources of the City; or Evidence to Consider: The Board members found that the studio accessory structure did not reflect the quality of appearance and construction typical to the area, and that it would therefore have a materially detrimental effect on adjacent areas in terms of reduction in property values. 2. The impacts of the proposed project will adversely affect the policies of the Encinitas General Plan or the provisions of this Code; and Evidence to Consider: While such accessory structures are allowed under the present General Plan and may be allowed under the future General Plan through use permits, such structures must be found compatible with surrounding areas (see finding 1 above), must comply with Uniform Building Code specifications, and meet all zoning code requirements including building separation to be consistent with the General Plan and Code provisions. The Board found that none of these criteria have been met with this application. PM/05/CROl-53WP (6-10-88) . . 3. The project fails to comply with any other regulations, conditions or policies imposed by this Code. Evidence to Consider: The studio accessory structure was not built with the benefit of building permits and does not fully conform to Uniform Building Code specifications. PM/05/CROl-53WP (6-10-88)