1988-39
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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)
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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)
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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)
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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)
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. 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)