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)