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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)