1994-01
RESOLUTION NO. OE 94-01
A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD
APPROVING AUTHORITY TO EXCEED THE STANDARD HEIGHT ENVELOPE FOR A
PROPOSED ADDITION TO AN EXISTING SINGLE FAMILY RESIDENCE
FOR PROPERTY LOCATED AT 1050 WOTAN DRIVE
(CASE NUMBER 93-250 DR)
WHEREAS, a request for consideration of authority to exceed
the standard height envelope was filed by Eric Thorman Construction
to allow a proposed addition to a single-family residence to be a
maximum 28 ft. 6 in. in height in accordance with Chapter 30.10 of
the City of Encinitas Municipal Code, for the property located in
the R-3 zone at 1050 Wotan Drive, legally described as:
That portion of Lot 11, Block G of Palomares Heights Annex, in
the County of San Diego, State of California, according to Map
thereof No. 2136, filed in the office of the County Recorder
of San Diego County October 25, 1928 more particularly
described in the Grant Deed recorded January 23, 1992 as File
#1992-0036322 of Official Records; and
WHEREAS, a public hearing was conducted on the application on
January 20, 1994, by the Old Encinitas Community Advisory Board;
and
WHEREAS, the Board considered:
1. The January 20, 1994 staff report to the Community
Advisory Board with attachments;
2. Application and project plans dated received December 28,
1993;
3. Oral evidence submitted at the hearing;
4. written evidence submitted at the hearing; and
WHEREAS, the Community Advisory Board made the following
findings pursuant to Chapters 30.16.10 (B. 7b.) of the Encinitas
Municipal Code:
(SEE ATTACHMENT "A")
NOW, THEREFORE, BE IT RESOLVED that the Community Advisory
Board of the City of Encinitas hereby approves application 93-250
DR subject to the following conditions:
(SEE ATTACHMENT "B")
PASSED AND ADOPTED this 20th day of January, 1994, by the
following vote, to wit:
TC/9/93250DR.RES (1-12-94)
AYES: Birnbaum, Comeau, Wells
NAYS: None
ABSENT: None
ABSTAIN: None
. ~--~
LL ~~- ...
Adam Birnbaum,
Chairman of the
Old Encinitas
Community Advisory Board
ATTEST:
Tom Curriden,
Associate Planner
TC/9/93250DR.RES (1-12-94)
ATTACHMENT "A"
Resolution No. OE 94-01
Case No. 93-250 DR
Applicant: Eric Thorman construction
Findings: (Code Section, Factual Circumstances, Reasoning,
Conclusion
section 30.16.010 (B.7) reads as follows:
"Buildings may be approved through the Design Review process for a
maximum height of 30 ft. if it can be found that the portion of the
building outside the standard envelope maintains some of the
significant views enjoyed by residents of nearby properties, and
that the building is compatible in bulk and mass with buildings on
neighboring properties."
Facts: The applicant proposes to add a second story addition
to an existing residence which rises to 28 ft. 6 in at its
highest point above adjacent grade. The site slopes down
moving westerly at an approximate 7% gradient. Homes across
Wotan Dr. from the subject site are one story homes. The site
presently contains numerous tall, mature trees.
Discussion: Based upon the evidence presented in the
application and plans as well as at the hear ing , the Board
determined that the proposed addition will not impede
significant views since any westward views from across the
street are already obstructed by the existing home and/or
mature landscaping on the site and similarly that there are no
significant easterly or north-south views available. The
second story addition will not be incompatible in bulk and
mass with the area since it will be constructed only over the
westerly approx. 1/2 of the existing home (on the downhill
side of the property away from the public right-of-way) and
there are other 2 story homes in the area, including the
property to the immediate south of the subject site.
Conclusion: Therefore, the Board finds that construction of
the addition as proposed will not adversely impact the
significant views enjoyed by other properties in the area and
is compatible in bulk and mass with neighboring properties.
TC/9/93250DR.RES (1-12-94)
RESOLUTION NO. OE 94-01
CONDITIONS OF APPROVAL
ATTACHMENT "B"
Applicant: Eric Thorman Construction
Case No: 93-250 DR
Subject: Design Review/Authority to Exceed Conditions
Location: 1050 Wotan Drive
1. SPECIFIC CONDITIONS
A. The applicant shall execute and record a covenant
setting forth the terms and conditions of this
approval prior to permit issuance.
B. Prior to issuing a final inspection on framing, the
applicant shall provide a survey from a licensed
surveyor or a registered civil engineer verifying
that the building height is in compliance with the
design review permit.
C. The applicant shall submit complete construction
plans to the Building Division for review. The
submittal shall include structural calculations and
details, complete framing plans and details, a site
plan and floor plans showing State mandated
disabled access requirements, State energy
compliance documentation and a soils report to
include recommendations for the design of the
foundation. Submitted plans will be reviewed for
compliance with State Title 24, the 1991 Editions
of the Uniform Building Code, the Uniform
Mechanical Code, the Uniform Plumbing Code, and the
1990 Edition of the National Electrical Code.
Please note that project review comments are not
intended to be a comprehensive plan review of
applicable Building Codes and additional comments
will be made after plans have been submitted to the
Building Division for plancheck.
II. STANDARD CONDITIONS
1. GENERAL CONDITIONS
A. This approval will expire in two years on January
20, 1996, at 5:00 p.m. unless the conditions have
been met, or an extension has been approved by the
Authorized Agency.
B. This approval may be appealed to the authorized
agency within 15 calendar days from the date of
this approval.
TC/9/93250DR.CND (1-12-94)
C. Approval of this request shall not waive compliance
with any sections of the Municipal Code and all
other applicable City Ordinances in effect
at the time of Building Permit issuance unless
specifically waived herein.
D. Permits from other agencies will be required as
follows: California Coastal Commission.
E. Project is approved as evidenced by the project
plans including site plan, floor plans, and
elevations consisting of four sheets dated received
by the City of Encinitas on December 28, 1993, and
signed by a City Official as approved by the Old
Encinitas Community Advisory Board on January 20,
1994 and shall not be altered without Community
Development Department review and approval.
APPLICANT SHALL CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
2. SITE DEVELOPMENT
A. The applicant shall pay development fees at the
established rate. Such fees may include, but not
be limited to: Permit and Plan Checking Fees,
Water and Sewer Service Fees, School Fees, Traffic
Fees, Drainage Fees and Park Fees. Arrangements to
pay these fees shall be made prior to building
permit issuance to the satisfaction of the
Community Development Department.
B. Any change to the natural drainage or concentration
of drainage shall be adequately handled and shall
not impact adjacent properties.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
3. FIRE
A. ADDRESS NUMBERS: Address numbers shall be clearly
visible from the street fronting the structure.
The height of numbers shall conform to Fire
District standards. Where structures are located
off a roadway on long driveways, a monument shall
be placed at the entrance where the driveway
intersects the ,main roadway. Permanent numbers
shall be affixed on this marker.
TC/9/93250DR.CND (1-12-94)
B. RECORDATION: Prior to final development approval,
the applicant shall submit to the Community
Development Department a letter from the Fire
District stating that all development impact, plan
check and/or cost recovery fees have been paid or
secured to the satisfaction of the Fire District.
C. SMOKE DETECTORS: Smoke detectors shall be
inspected by the Fire Department.
THE APPLICANT SHALL CONTACT THE CITY ENGINEERING DEPARTMENT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Street Conditions
A. The developer shall make an offer of dedication to
the City for all public streets and easements
required by these conditions or shown on the site
development plan. The offer shall be made PRIOR TO
ISSUANCE OF ANY BUILDING PERMIT for this project.
All land so offered shall be granted to the City
free and clear of all liens and encumbrances and
without cost to the city. Streets that are already
public are not required to be rededicated.
B. An Irrevocable Offer of Dedication (I.O.D) shall be
made for 7 feet along Wotan Drive adjacent to the
property for public right-of-way purposes.
TC/9/93250DR.CND (1-12-94)