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1991-23 RESOLUTION NO. OE91-23 A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD APPROVING A VARIANCE TO ENCROACH 8 FT INTO THE REQUIRED 10 FT SOUTH SIDE YARD SETBACK TO LEGALIZE AN EXISTING GREENHOUSE, AND TO PERMIT THE REQUIRED 1 PARKING SPACE IN THE FRONT YARD SETBACK TO LEGALIZE AN EXISTING CONVERTED GARAGE IN THE R-5 ZONE FOR FOR PROPERTY LOCATED AT 564 ARDEN DRIVE (CASE NUMBER 91-185 V) WHEREAS, a request for consideration of a Variance was filed by Mr. Peter Tobias to allow an 8 ft encroachment into the required 10 ft south side yard setback to legalize an existing greenhouse, and to permit the required 1 parking space in the front yard setback to legalize an existing converted garage in the R-5 zone per Chapters 30.16 and 30.78 of the City of Encinitas Municipal Code, for the property located at 564 Arden Drive, legally described as: The northerly 1/2 of Lot 5 in Block I of ENCINITAS HIGHLANDS, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 2141, filed in the Office of the County Recorder of San Diego County, California. WHEREAS, public hearings were conducted on the application on November 21, 1991 and December 19, 1991; WHEREAS, the Community Advisory Board considered: 1. The staff reports dated November 7, 1991 and December 13, 1991; 2. The application, site plan and Statement of Justification submitted by the applicant dated received October 21, 1991; 3. List of parcels with side yard encroachments dated received November 21, 1991; 4. Oral evidence submitted at the hearing; 5. 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") MN\91185V.RES (12-13-91) 1 NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community Advisory Board of the City of Encinitas that application 91-185 V 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 Section 15301 (e) of the State CEQA Guidelines. PASSED AND ADOPTED this 19th day of December 1991, by the following vote, to wit: AYES: Steyaert, Cowen NAYS: Cartwright ABSENT: Birnbaum, Lewis ABSTAIN: None tJ~U Vi ginia C rtwright, C airperson of the Old Encinitas Community Advisory Board ATTEST: ~-~ Tom Curriden Associate Planner . MN\91185V.RES (12-13-91) 2 ATTACHMENT "A" Resolution No. OE91- Case No. 91-185 V Applicant: Peter Tobias Findings: (Code Section, Factual Circumstances, Reasoning, Conclusion) What follows are the findings of fact the Board must make to approve the variance request pursuant to Zoning Ordinance Section 30.78.030: 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 zon~ng classification. Evidence: The Board finds that special circumstances apply to this site since there are other converted garages and' structures within the side yard within the immediate neighborhood. Within a 300 ft radius from the site, 5 homes ,with side yard setback violations and 6 homes with converted garages exist out of a total of 48 properties. Further, the Board finds that since 23% of the properties in the neighborhood do not comply with the Municipal Code in terms of setback and parking regulations, these uses are, "by virtue of their community acceptance over many years, the de facto standard for the neighborhood." The Board finds that the finding to provide parking in the front yard setback can be made since there are others in the neighborhood that have converted their garages and there is no other location on the property to provide parking due to the insufficient space in the side yards and the fact that many of the homes at or near their front yard setback. The Board also finds that special circumstances apply with regard to the greenhouse since other property owners in the neighborhood have similar side yard encroachments. 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 inconsistent with the limitations upon other properties in the MN\91185V.SR2 (12-13-91) 3 neighborhood because 23% of the properties within 300 ft have converted garages or side yard setback violations combined (5 side yard setback violations and 6 garage conversions out of a total of 48 properties). The Board also finds that since there are other side yard setback violations within the neighborhood, the grant of this variance will not constitute a grant of special privileges. 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 R-5 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 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 an alternate development plan to provide 1 required parking space in the converted garage is possible, but ~ince it has been converted for 34 years with apparently little concern to neighboring property owners, the requirement to re-convert the garage may deny the applicant the same privileges that other property owners in the neighborhood enjoy. The Board finds that an alternate development plan to provide the existing greenhouse elsewhere is clearly feasible, however, this may not be less impacting to the site and adjacent property owners. Further, the Board finds that removal of the greenhouse would deny the applicant the same privilege enjoyed by others in the neighborhood. MN\91185V.SR2 (12-13-91) 4 (2) The Board finds that the variance request to convert the garage may be self-induced, but it was converted 34 years ago under different development standards. In addition, the Board finds that the greenhouse addition may be self induced, however, this is a favorable location since no alternative use for this side yard has been identified. (3) The Board finds that the variance does not constitute a rezoning or other amendment to the zoning code since there are other properties in the neighborhood with similar structures in the side yard and with converted garages. ( 4) There is no evidence that the converted garage and the structure in the side yard is considered a public or private nuisance. MN\91185V.SR2 (12-13-91) 5 RESOLUTION NO. OE91- CONDITIONS OF APPROVAL ATTACHMENT "B" Applicant: Tobias Case No: 91-185V subject: Variance to encroach 8 ft. into the required 10 ft. side yard setback to legalize an existing garden room, and to permit the required parking in the front yard setback to legalize an existing converted garage. Location: 564 Arden Drive I. STANDARD CONDITIONS 1. GENERAL CONDITIONS A. This approval will expire in two years, on December 19, 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 MN/03/CR010-871wp51 1(12-13-91-1) G. Project is approved as submitted/modified as evidenced by the revised site plan dated received by the City of Encinitas on October 21, 1991, and signed by a City Official as approved by the Old Encinitas Community Advisory Board on December 19, 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 December 19,1991, 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. 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: 4. 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/03/CRO10-871wp51 2(12-13-91-1) ~ 5. PUBLIC WORKS APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: All City Codes, regulations, and policies in effect at the time of final map submittal shall apply. 1. Developer shall execute and record a covenant with the County Recorder agreeing not to oppose the formation of an assessment district to fund the installation of right-of-way improvements. , MN/03/CRO10-871wp51 3(12-13-91-1) r