1991-18
RESOLUTION NO. OE91-18
A RESOLUTION OF THE OLD ENCINITAS
COHMUNITY ADVISORY BOARD APPROVING A VARIANCE
TO ENCROACH INTO THE REQUIRED FRONT AND INTERIOR SIDE YARD
SETBACK OF THE RS-ll ZONE FOR THE CONSTRUCTION OF A 1-CAR
GARAGE, AND FOR A 7 FT HIGH WALL IN THE REAR YARD TO EXPAND
USABLE YARD AREA FOR PROPERTY LOCATED AT
270 N EL PORTAL STREET
(CASE NUMBER 91-104 V)
WHEREAS, a request for consideration of a Variance was filed
by Mr.Charles Zabinski to allow a 1 ft encroachment into the
required 5 ft north interior side yard and to encroach to the front
property line of the RS-11 zone for the construction of a I-car
garage, and to allow the construction of a 7 ft high wall in the
rear yard per Chapters 30.16 and 30.78 of the City of Encinitas
Municipal Code, for the property located at 270 N EI Portal Street,
legally described as:
The southerly 1/2 of Lot 11 and Lot 12 in Block E of. SEASIDE
GARDENS, in the City of Encinitas, County of San Diego, State of
California, according to Map thereof No. 1800, filed in the Office
of the County Recorder of San Diego County, California, August 6,
1924.
WHEREAS, public hearings were conducted on the application on
July 25, 1991 and September 26, 1991;
WHEREAS, the community Advisory Board considered:
1. The staff reports dated July 15, 1991 and September 19,
1991;
2. The application, site plan and Statement of Justification
submitted by the applicant dated received June 19, 1991, and
revised site plan, landscape plan and wall section dated
received September 19, 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 91-104 V
is hereby approved subject to the following conditions:
MN\91104V.RES (7-15-91) 1
(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
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, Steyaert, Lewis, Cowen
NAYS: None
ABSENT: None
ABSTAIN: None i
tlþ,-
Vir inia Cartwright,
Ch irperson of
the Old Encinitas
Community Advisory Board
ATTEST:
.--------: -----;> ~-
,~ C<=~~
Tom Currlden
Associate Planner
,
MN\91104V.RES (7-15-91) 2
ATTACHMENT "A"
Resolution No. OE91-18
Case No. 91-104 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 lot is substandard in area,
irregular in shape, is a through-lot, and has a
topographic drop of 8 feet from EI Portal street to La
Mesa Avenue. In addition, most other homes in the
neighborhood have on-site enclosed parking while the
subject site only has an open carport. The Board finds
that this finding can be made since the lot is both
substandard in area and narrow in depth resulting in a
small building envelope. Additionally, because of the
steeply sloped bank in the rear yard, there is little
usable yard area. The soil retention will result in a
larger yard area consistent with the neighborhood. The
applicant could have proposed a 6 ft high inner wall,
consistent with the standards of the Municipal Code, but
this would result in only a 3 ft wall above grade which
would reduce privacy for the residents of 270 N EI Portal
street.
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 wi th 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 an
enclosed parking space, which is common throughout the
city. In addition, the proposed 7 ft wall in the rear
yard will result in a larger usable yard area that is
common to other property in the neighborhood. The Board
has required landscaping conditions in the resolution to
m~tigate any visual impacts of the wall from the public
Vlew.
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: Single family residential uses are permitted
in the RS-11 zone and no additional uses are proposed in
conjunction with this project.
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 one enclosed on-site parking space is
feasible. An alternate development to reduce the height
of the proposed 7 ft high wall 1 ft is possible, but this
would deny the residents of 270 N EI Portal the safety
and privacy enjoyed by others in the neighborhood.
(2) The Board finds that this variance is not self-
induced since the variance is the result of substandard
lot area and unusual lot dimensions.
(3) The Board finds that this variance does not
constitute a rezoning or other amendment to the zoning
code since the lot is substandard in area, narrow in
depth, and has a small rear yard.
(4) The Board finds that this variance would not
legalize maintenance of any public or private nuisance.
MN\91104V.ATA (7-15-91) 4
RESOLUTION NO. OE91-18
CONDITIONS OF APPROVAL
ATTACHMENT "B"
Applicant: Zabinski
Case No: 91-104V
subject: variance to encroach into the front and side yard
setbacks to replace an existing I-car carport with
a I-car garage. In addition, a variance is
requested for a 7 ft high stepped retaining wall
and within the rear yard setback to expand usable
yard area.
Location: 270 N. EI Portal street
I. SPECIFIC CONDITIONS
A. Prior to Building Permit issuance, the landscape plans
shall be revised to include:
1. Three street trees of a minimum 15 gallon size in
the La Mesa parkway area of a variety approved by
the Director of Public Works.
2. Shrubs of a minimum 5 gallon size in both the La
Mesa parkway area and between the retaining walls
to screen the walls from public view.
3. Prior to Building Permit issuance, the applicant
shall resolve any issues regarding street sight
distance from garage to the satisfaction of the
Public Works Department.
B. Prior to Building Permit issuance, the site plan shall
indicate that the garage addition does not encroach
closer than 4 feet from the north property line. The
garage eaves may encroach an additional 1 foot.
c. Prior to Building Permit issuance, the garage elevations
shall indicate at least one window on the south side of
the garage to minimize the impact of a large blank wall.
MN/04/CRO9-833wp511(10-7-91/3)
II. 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
G. Project is approved as submitted/modified as
evidenced by the revised site plan dated received
by the City of Encinitas on September 19, 1991, and
signed by a City Official as approved by the Old
Encinitas Community Advisory Board on September 26,
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.
MN/04/CRO9-833wp51 2(10-7-91/3)
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 September 26, 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. All 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 I
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.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
5. FIRE
A. Prior to final recordation, the applicant shall
submit 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 District. Address numbers
shall be clearly visible from the street fronting
the structure.
MN/04/CRO9-833wp51 3(10-7-91/3)