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1993-08 RESOLUTION NO. OE-93-08 A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD APPROVING A VARIANCE TO ENCROACH 15 FT INTO THE REQUIRED 25 FT REAR YARD AND 6.5 FT. INTO THE REQUIRED 10 FT. INTERIOR SIDE SETBACK OF THE RS ZONE FOR AN "AS-BUILT" ADDITION TO AN EXISTING SINGLE-FAMILY DWELLING UNIT LOCATED AT 847 ARDEN DR. (CASE NUMBER 93-227 V) WHEREAS, a request for consideration of a Variance was filed by Randy and Sally Peak to encroach 15 ft. into the required 25 ft. rear yard setback and 6 ft. 6 in. into the required 10 ft. interior side setback for an "as-built" 376 sq. ft. addition to an existing single-family residence in accordance with Chapter 30.78 of the City of Encinitas Municipal Code, for the property located in the R-5 zone at 847 Arden Dr., legally described as: The north half of Lot 16, Block E, Encinitas Highlands, in the County of San Diego, State of california, according to Map thereof No. 2141, filed in the office of the County Recorder of San Diego County December 4, 1928. WHEREAS, a public hearing was conducted on the application on December 16, 1993, by the Old Encinitas Community Advisory Board; and WHEREAS, the Board considered: 1. The December 16, 1993 staff report to the Community Advisory Board with attachments; 2. Application, Statement of Justification, photos, and associated materials dated received November 12, 1993; 3. Project plans including site plan, floor plan, landscape plan, and elevations dated received November 12,1993; 4. Oral evidence submitted at the hearing; 5. written evidence submitted at the hearing; and WHEREAS, the Old Encinitas Community Advisory Board made the following findings pursuant to Chapters 30.78 of the Encinitas Municipal Code: (SEE ATTACHMENT "A") NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community Advisory Board of the City of Encinitas that application 93-227 V is hereby approved subject to the following conditions: (SEE ATTACHMENT "B") BE IT FURTHER RESOLVED that the Old Encinitas community Advisory Board, in their independent judgement, found the project exempt from environmental review pursuant to CEQA section 15301 (e) since the project is an addition of less than 2,500 sq ft in an TC/8/93227V.RE2 (12-21-93) area with existing facilities and not environmentally sensitive. PASSED AND ADOPTED this 16th day of December, 1993, by the following vote, to wit: AYES: Birnbaum, Comeau, Wells NAYS: None ABSENT: McGrath ABSTAIN: None ~~ B~~--- Chairman of the Old Encinitas Community Advisory Board ATTEST: ~~-¿ Tom c6rf-íden, Associate Planner TC/8/93227V.RE2 (12-21-93) ATTACHMENT "A" Resolution No. OE-93-08 Case No. 93-227 V Applicant: Peak Findings: (Code Section, Factual Circumstances, Reasoning, Conclusion) What follows are the findings of fact the Board must make to approve the variance request pursuant to zoning Ordinance section 30.78.030: A. A variance from the terms of the zoning regulations 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 regulations deprives such property of privileges enjoyed by other property in the vicinity and under the same zoning classification. Facts: The proposal is to encroach 10 ft. into the required 25 ft. rear yard setback and 6 ft. 6 in. into the required 10 ft. interior side setback of the R5 zone for an "as-built" 376 sq. ft. addition to an existing single family residence. Discussion: The Board determines that there are special circumstances related to the property which include the fact that the property is located on a moderately busy thoroughfare (Arden Dr.) which results in a need for a separated, buffered living area such as the one proposed. Conclusion: Therefore, the Board does finds that there are special circumstances applicable to the property which deprives the property owners of a privilege enjoyed by others in the same vicinity and zone. 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 same vicinity and zone in which property is situated. Facts: The proposal is to encroach 10 ft. into the required 25 ft. rear yard setback and 6 ft. 6 in. into the required 10 ft. interior side setback of the R5 zone for an "as-built" 376 sq. ft. addition to an existing single family residence. Discussion: The grant of this variance would not constitute a grant of special privileges inconsistent with the limitations upon other properties since the Board determines that there are numerous other similar setback nonconformities TC/8/93227V.RE2 (12-21-93) enjoyed by other properties in the Encinitas Highlands area. Conclusion: Therefore, the Board finds that the grant of this variance would not constitute a grant of special privileges inconsistent with the limitations upon other property owners in the neighborhood and thus that no conditions are necessary to insure that it is not a grant of special privilege. 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 regulations governing the parcel of property. The provisions of this section shall not apply to use permits. Facts: The use of the property will continue to be the single family residential regardless of the variance, and no aspect of this application would allow a non-permitted use. Discussion: The grant of this variance does not authorize a use or activity which is not expressly permitted in the R-5 zone. Conclusion: Therefore, the Board finds that the grant of this variance will not change the existing single-family use of the property. 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 which would be of less significant impact to the site and adjacent properties than the project requiring a variance; 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; 4. Would authorize or legalize the maintenance of any public or private nuisance. Facts: The proposal is to encroach 10 ft. into the required 25 ft. rear yard setback and 6 ft. 6 in. into the required 10 ft. interior side setback of the R5 zone for an lias-built" 376 sq. ft. addition to an existing single family residence. Discussion: The alternative of constructing an addition in the front yard area, the only other area such an addition could be placed on the site, would be impractical and of greater impact to the site and adjoining properties. Such an TC/8/93227V.RE2 (12-21-93) addi tion would occupy the only usable yard area on site, require removal of existing mature landscaping, and would be located closer to a busy thoroughfare (Arden Dr.). No nuisance has been identified in that the addition is limited in visibility from adjoining properties. The need for the variance is not self-induced in the sense that the location of the existing building creates the situation where no addition is practical in another location which is not of more impact to the site and/or adjoining properties. Conclusion: Therefore, the Board finds that there are no conforming alternate development plans available which would be of equal or less impact to the site, and the Board similarly finds that the variance request is not self-induced and that no nuisance has been identified which would be maintained through this variance. TC/8/93227V.RE2 (12-21-93) RESOLUTION NO. OE 93-08 CONDITIONS OF APPROVAL ATTACHMENT "B" Applicant: Peak Case No: 93-227V subject: Rear and side yard setback variance Conditions Location: 847 Arden Dr. I. 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. 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 proj ect 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. However, the applicant shall submit complete construction plans satisfactory to the Encinitas Building Division as required under Condition I (A.) above within 30 days of the effective date of this approval, and shall diligently pursue building permits and make any necessary modifications to obtain said permits. In TC/8/93227V.RE2 (12-21-93) the event that construction plans are not submitted within 30 days and building permits not diligently pursued in the opinion of the Community Development Department, the community Development may, upon proper notice, hold a hearing to determine whether this permit should be revoked in accordance with all Municipal Code provisions. B. This approval may be appealed to the authorized agency within 15 calendar days from the date of this approval. 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. proj ect is approved as evidenced by the proj ect plans including site plan, floor plans, landscape plan, and elevations consisting of four sheets dated received by the City of Encinitas on November 12, 1993, and signed by a City Official as approved by the Old Encinitas CAB on December 16, 1993 and shall not be altered without Community Development Department review and approval. F. In the event that any of the conditions of this permit are not satisfied, the Community Development Department shall cause a noticed hearing to be set before the authorized agency to determine why the City of Encinitas should not revoke this permit. G. Upon a showing of compelling public necessity demonstrated at a noticed hearing, the City of Encinitas, acting through the authorized agency, may add, amend, or delete conditions and regulations contained in this permit. H. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances in effect at the time of building permit issuance unless specifically waived herein. TC/8/93227V.RE2 (12-21-93) 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. 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. TC/8/93227V.RE2 (12-21-93)