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1991-20 RESOLUTION NO. OE91-20 A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD DENYING A VARIANCE TO ENCROACH INTO THE REQUIRED REAR YARD SETBACK OF THE R-15 ZONE FOR THE CONSTRUCTION OF A DUPLEX STRUCTURE FOR PROPERTY LOCATED AT 212 THIRD STREET (CASE NUMBER 91-162 V) WHEREAS, a request for consideration of a Variance was filed by Mr. Dexter Winn to allow an 8 ft. encroachment into the required 20 ft. rear yard for the construction of a duplex per Chapter 30.78 of the City of Encinitas Municipal Code, for the property located at 212 Third Street, legally described as: Lot 2 in Block 26 of the ENCINITAS Map in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 148, filed in the Office of the County Recorder of San Diego County, California. . WHEREAS, public hearing was conducted on the application on October 30, 1991; WHEREAS, the Community Advisory Board considered: 1. The staff report dated October 23, 1991; 2. The application and proposed development plans submitted by the applicant received September 11, 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 denied. jk\91162v.res (10-22-91) 1 I 1߀> PASSED AND ADOPTED this 30th day of October, 1991, by the following vote, to wit: AYES: None NAYS: Birnbaum, Cartwright, Cowen, Lewis ABSENT: Steyaert ABSTAIN: None ~~ V' ginia Cartwright, airperson of he Old Encinitas Community Advisory Board ~~~ T~m C lden Associate Planner 2 lß1o ATTACHMENT "A" Resolution No. 'OE91-20 Case No. 91-162 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 do not apply to this site since the subject property of 5,096 has no special topographical or other site constraints which negatively impact what is considered by the Board to be a normal and adequate building envelope. 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. The subject property is not denied view privileges since the properties to the south are not encroaching so as to impair those views. Evidence: The Board finds that the variance would constitute a grant of special privileges since the other properties on the block have not been permitted such encroachments. 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-15 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 ~i~e and adpacent properties than the project requlrlng a varlance; 1 p"=J I 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. Evidence: (1) The Board finds that the variance could be avoided by the use of an alternate development plan since the subject parcel has an adequate building envelope, and since the proposed site plan shows that the site's Dotential building envelope is not fully utilized with this proposal, with space on the east side of the envelope proposed to remain unutilized. (2) The Board finds that this variance is self-induced since the project would start with a vacant parcel which has an unrestrained and adequate building envelope. (3) The Board finds that this variance would not constitute a rezoning or other amendment to the zoning code since the continuation of a residential use would be consistent with the zoning code. (4) The Board finds that this variance would not legalize maintenance of any public or private nuisance. jk\91162v.ata 4 168