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1991-24 RESOLUTION NO. OE91-24 A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD APPROVING A VARIANCE TO ENCROACH INTO THE REQUIRED 20 FT REAR YARD SETBACK FOR A PROPOSED ROOM ADDITION TO AN EXISTING DUPLEX, AND TO EXCEED ALLOWABLE LOT COVERAGE FOR PROPERTY LOCATED AT 743 SNAPDRAGON STREET (CASE NUMBER 91-196 V) WHEREAS, a request for consideration of a Variance was filed by Mr. Robert Russell to allow a 12 ft encroachment into the required 20 ft rear yard setback and to exceed allowable lot coverage for an addition to an existing duplex in the R-11 zone per Chapters 30.16 and 30.78 of the City of Encinitas Municipal Code, for the property located at 743 Snapdragon Street, legally described as: A 50% interest in Lot 167 of Map 6690, Pacific Serena unit No.4 of Encinitas, recorded in the office of the San Diego County Recorder, San Diego County, California. WHEREAS, a public hearing was conducted on the application on December 19, 1991; WHEREAS, the Community Advisory Board considered: 1. The staff report dated December 13, 1991; 2. The application, site plan and Statement of Justification submitted by the applicant dated received October 31, 1991; 3. List of addresses with rear yard encroachments dated received December 19, 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") NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community Advisory Board of the City of Encinitas that application 91-196 V is hereby approved subject to the following conditions: (SEE ATTACHMENT "B") MN\91196V.RES (1-15-92) 1 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: Cartwright, Birnbaum, Steyaert, Cowen NAYS: None ABSENT: Lewis ABSTAIN: None 1j 1..«< ¿~k _V i ginia C rtwright, Ch irperson of tne Old Encinitas Community Advisory Board ATTEST: ,---;;;:::: Tom Curriden Associate Planner MN\91196V.RES (1-15-92) 2 .J ATTACHMENT "A" Resolution No. OE91-24 Case No. 91-196 V Applicant: Robert Russell 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 zoning classification. Evidence: The Board finds that special circumstances are applicable to this property since the lot depth and lot area is among the smallest in the neighborhood and the inability to construct a room addition would deny the applicant a privilege which many other property owners in the neighborhood have been permitted to enjoy. 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 approval of this variance would not constitute a grant of special privileges since an 825 sq ft 2-bedroom, one bath single family home is not sufficient by today's standards and other property owners with similar size lots have enlarged their homes. 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: Multi-family residential uses are a permitted use in the R-11 zone and no additional uses are proposed in conjunction with this project. MN\91196V.SR (1-16-92) 7 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: The Board finds that no substantial building addition is possible on this site without the grant of a variance since the existing building is at the rear yard setback line and 65 sq ft short of the maximum lot coverage. In addition, no alternate development plan that is less impacting to the site is possible since a two story addition would be inconsistent with the the one-story character of the the neighborhood. Additionally, the Board finds that the variance request is not self-induced since the need for the variance is the result of the original building design. Finally, the approval of the variance will not constitute a rezoning or other amendment to the zoning code or legalize the maintenance of any public or private nuisance. MN\91196V.SR (1-16-92) 8 RESOLUTION NO. OE91-24 CONDITIONS OF APPROVAL ATTACHMENT "B" Applicant: Russell Case No: 91-196 V Subject: Variance to encroach into the required 20 ft. rear yard setback for a proposed room addition to an existing duplex in the R-ll Zone. Project will also exceed the allowable 40% lot average. Location: 743 Snapdragon Street I. SPECIFIC CONDITIONS A. The rear yard addition may either encroach 12 ft. from the property line or the same distance as the duplex located at 737 Snapdragon Street if it can be demonstrated that this structure encroaches closer to the property line. II. STANDARD CONDITIONS 1. GENERAL CONDITIONS A. This approval will expire in one year, on December 19, 1992, 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. MN/03/CROI0-886wp51 (1-17-92) 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 site plan dated received by the City of Encinitas on October 31, 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. I. Prior to Building Permit, the applicant shall prepare a covenant which sets forth the conditions of this approval. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY DBVELOPMENT 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: MN/03/CROI0-886wp51 (1-17-92) 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. 5. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING COMPLIANCE WITH THE POLLOWING 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. utilities 2. The developer shall comply with all the rules, regulations and design requirements of the respective utility agencies regarding services to the project. 3. The developer shall be responsible for coordination with S.D.G.& E., Pacific Telephone, and Cable TV authorities. 4. All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. MN/03/CROI0-886wp51 (1-17-92)