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)