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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. TC/02/CRO2-139wp 1(9-27-88-1) 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: ~. c> ," ~"~"'~,-,-, " c:-~?"=:. C. 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. TC/02/CRO2-139wp 4(9-27-88-1) 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)