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)