1988-50
RESOLUTION NO. OE-50
A RESOLUTION OF THE OLD ENCINITAS
CITY OF ENCINITAS, DENYING
A VARIANCE TO ALLOW A THIRD STORY FOR
A PROPOSED 160 ROOM MOTEL, INSTEAD OF THE TWO STORIES
PERMITTED UNDER SECTION 4610 OF THE ZONING ORDINANCE,
LOCATED NORTH OF ENCINITAS BOULEVARD. APPROXIMATELY
350 FT. EAST OF SAXONY
(CASE NUMBER 88-269V)
WHEREAS, a request for consideration of a variance was filed
by Sixpence Inns of America to allow a proposed motel to be three
stories in height instead of the two stories prescribed under
Chapter 4610 of the City of Encinitas Zoning Code, for the property
located north of Encinitas Boulevard approximately 350 ft. east of
Encinitas Boulevard, legally described as;
That portion of land situated in the West one-half of
the Northeast Quarter of the Northwest Quarter of Section
15, Township 13 South, Range 4 West, San Bernardino Base
and Meridian, according to united States Government
Survey approved April 19, 1881, described as follows:
Beginning at the North Quarter corner of said Section
15, Township 13 South, Range 4 West, San Bernadino Base
and Meridian, running thence North 89°49'30" West 673.31
feet to a point; said point being the Northeast corner
of said West one-half of the Northeast Quarter; thence
South 1°34'15" West 534.22 feet along the Easterly
boundary of said West one-half to a point, said point
being the TRUE POINT OF BEGINNING.
Thence continuing South 1°34 '15" West along said Easterly
line 545 feet more or less to the Northeasterly line of
land described in deed to the County of San Diego,
recorded August 10, 1967 as File No. 119393 of Official
Records; thence Northwesterly along said Northeasterly
line 171 feet more or less to the Westerly line of land
described in deed to Dennis V. Cavanaugh et ux recorded
July 7, 1965 as File No. 120859 of Official Records;
thence along said Westerly line North 5°38'20" East 455
feet more or less to the Northwest corner of said land;
thence along the North line thereof 114.25 feet to the
TRUE POINT OF BEGINNING.
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WHEREAS, a public hearing was conducted on the application on
September 22, 1988; and
WHEREAS, the Community Advisory Board considered:
1. The staff reports dated September 15, 1988.
2. The application, statement of justification, and plans
submitted by the applicant;
3. Oral evidence submitted at the hearing;
4. written evidence submitted at the hearing; and
WHEREAS, the Old Encinitas Community Advisory Board failed to
make the required findings for a variance pursuant to Chapter
30.78.030 of the Zoning Ordinance as follows:
SEE ATTACHMENT "A"
NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community
Advisory Board of the City of Encinitas that Variance Application
88-269V is hereby denied.
BE IT FURTHER RESOLVED by the Old Encinitas Community Advisory
Board of the City of Encinitas that:
(1) This project was found to be exempt from environmental
review, Section 15270(a);
TC/02/CRO2-139wp 2(9-27-88-1)
PASSED AND ADOPTED this 22nd day of September, 1988, by the
following vote, to wit:
AYES: Couglar, Steyaert, Kauflin, Hano, Tobias
NAYS: None
ABSENT: None
ABSTAIN: None 2:~ Ch~
of the Old Encinitas
Community Advisory Board
ATTEST:
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Assistant Planner
TC/O2/CRO2-139wp 3(9-27-88-1)
ATTACHHENT "A"
Old Bncinitas community Advisory Board
RESOLUTXOH HO. OE-50
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 depri ves such property of privileges enj oyed by
other property in the vicinity and under identical zoning
classification.
Bvidence to Consider:
Since the other properties in the same vicinity and zone are
subject to the same building height designation and have been
developed at two stories or less, there is no privilege
enjoyed by those other properties of which the applicant is
being denied. Since the building height designator is
primarily intended to regulate the intensity and bulk of
development in an area, the Community Advisory Board did not
concur with the applicants assertion that construction of
three story buildings on this site would preserve more views
than it would on most other sites and thus constituted a
special circumstance pursuant to this finding.
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:
Not applicable, since the required findings have not been made
to approve the variance.
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C. A variance will not be granted for a parcel of property 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:
Use of the property for a motel is subject to a Minor Use
Permit, for which the applicant has submitted, and is not the
subject of this variance proposal.
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
private or public nuisance.
Evidence to Consider:
It was not demonstrated that the ability to construct a three
story building is a privilege enjoyed by other properties in
the same vicinity and zone. Therefore, granting the variance
would set a precedent for three story development in the area
and would thus in effect constitute an amendment to the zoning
of that area. The need for the variance could be avoided by
constructing two story building on the site.
TCjO2jCRO2-139wp 5(9-27-88-1)