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1991-17 RESOLUTION NO. OE91- 17 A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD APPROVING A VARIANCE TO ENCROACH INTO THE REQUIRED FRONT YARD SETBACK FOR A DECK/CARPORT STRUCTURE IN THE R-8 ZONE FOR PROPERTY LOCATED AT 320 NEPTUNE AVENUE (CASE NUMBER 91-132V) WHEREAS, a request for consideration of a Variance was filed by Steven D. Weber to allow a 14 ft encroachment into the required front yard setback in the R-8 zone to allow for th~ construction of a deck/carport structure per Chapters 30.16 and 30.78 of the City of Encinitas Municipal Code, for the property located at 320 Neptune Avenue, legally described as: Lot 2, Block "B", SEASIDE GARDENS, according to the Map thereof No. 1800, filed in the office of the County Recorder of San Diego County August 6, 1924. WHEREAS, public hearing was conducted on the application on september 26, 1991; WHEREAS, the Community Advisory Board considered: 1. The staff report dated September 19, 1991; 2. The application, site plan and Statement of Justification submitted by the applicant dated received July 17, 1991; 3. Oral evidence submitted at the hearing; 4. Written evidence submitted at the hearing; and WHEREAS, the Old Encinitas Community Advisory Board made the following findings pursuant to Chapter 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 91-132V is hereby approved subject to the following conditions: (SEE ATTACHMENT "B") BE IT FURTHER RESOLVED by the Old Encinitas Community Advisory Board of the City of Encinitas that: This project was found to be exempt from environmental review under MN\91104V.RES (7-15-91) 1 Section 15301 (e) of the State CEQA Guidelines. PASSED AND ADOPTED this 26th day of september 1991, by the following vote, to wit: AYES: Cartwright, Birnbaum, Lewis, Steyaert, Cowen NAYS: None ABSENT: None ABSTAIN: None â-----""'"""""'" J ~ .'. / L-/ i ginia Cartwright, Ch irperson of t e Old Encinitas Community Advisory Board ATTEST: ~ .- ~ .?'-~--""--""". Tom Curriden ~ Associate Planner MN\91104V.RES (7-15-91) 2 ATTACHMENT "A" Resolution No. OE91-17 Case No. 91-132 V 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. Evidence: The Board finds that special circumstances apply to this site since the subject property has no covered parking and is developed in such a manner that the front yard area is the only possible place on the site to locate covered parking, and since such covered parking is found commonly in the surrounding area, as per the field study cited in the staff report dated September 19, 1991. 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. Evidence: The Board finds that the grant of this variance would not constitute a grant of special privileges since the proposed addition will result in the creation of covered parking in the front yard setback area, such as is commonly found with other residences in the area. 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. Evidence: Residential uses are permitted in the R-8 zone and no additional uses are proposed in conjunction with this project. MN\91104V.RES (7-15-91) 3 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 consti tute a rezoning or other amendment to the zoning code; 4. Would authorize or legalize the maintenance of any public or private nuisance. Evidence: (1) The Board finds that no alternate development plan to provide covered parking spaces is feasible since the front yard area is the only possible place for the carport structure. (2) Even though the County of San Diego previously granted a front yard variance of 10 ft. for the subject site, the Board finds that this variance is not self- induced since the inherently small front yard still would not allow for a carport/deck structure outside of the front yard area. (3) The Board finds that this variance does not constitute a rezoning or other amendment to the zoning code since the continuation of the residential use will be consistent with the zoning code. (4) The Board finds that this variance would not legalize maintenance of any public or private nuisance. jk\91132V.res (8-22-91) 4 RESOLUTION NO. OE91-~ CONDITIONS OF APPROVAL ATTACHMENT "B" Applicant: steven Weber Case No: 91-132V subject: Variance to encroach 15 ft. into the front yard setback to allow a deck/carport structure, and variance to allow the standard lot coverage limit of 40% to be exceeded. Location: 320 Neptune Avenue I. STANDARD CONDITIONS 1. GENERAL CONDITIONS A. This approval will expire in two years, on september 26 1993, 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 Planning commission within 15 calendar days from the date of this approval. C. Approval of this request shall not waive compliance with any sections of the Zoning Code and all other applicable City Ordinances in effect at the time of Building Permit issuance unless specifically waived here. D. 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 here. E. This approval shall become null and void if building permits are not issued for this project within two years from the date of project approval. F. Permits from other agencies will be required as follows: state Coastal Commission JK/04/CRO9-847wp51 1(9/20/91-1) G. Project is approved as submitted/modified as evidenced by the site plan dated received by the City of Encinitas on June 19, 1991, and signed by a ci ty Off icial as approved by the Old Encini tas Community Advisory Board on July 25, 1991, and shall not be altered without Planning and Community Development Department review and approval. H. Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that which is specifically described in this permit. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 2. SITE DEVELOPMENT A. site shall be developed in accordance with the approved site plan which is dated and signed as approved on July 25, 1991, by the Old Encinitas community Advisory Board and which is on file in the Planning and Community Development Department and the conditions contained herein. 3. LANDSCAPING A. A detailed landscape and irrigation plan shall be submitted to and approved by the Planning and community Development Department/Community Advisory Board prior to the issuance of building permits. B. Al1 required plantings shall be in place prior to use or occupancy of new buildings or structures. All required plantings shall be maintained in good growing conditions, and whenever necessary, shall be replaced with new plant materials to ensure continued compliance with applicable landscaping, buffering, and screening requirements. All landscaping shall be maintained in a manner that will not depreciate adjacent property values and otherwise adversely affect adjacent properties. 4. PARKING AND VEHICULAR ACCESS A. Driveways shall meet the standards of the Zoning Ordinance, Public Works Standards, and the Offstreet Parking Design Manual. JK/04/CRO9-847wp51 2(9/20/91-1) APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT REGARDING COMPLXANCB WITH THE FOLLOWING CONDITIONS: 5. FIRE A. Prior to final inspection, the applicant shall submit a letter from the Fire District stating that all development impact, plan éheck and/or cost recovery fees have been paid or secured to the satisfaction of the District. Address numbers shall be clearly visible from the street fronting the structure. B. ADDRESS NUMBERS: Address numbers shall be clearly visible from the street fronting the structure. The height of numbers shall conform to Fire District Standards. JK/04/CRO9-847wp51 3(9/20/91-1)