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