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1992-22 RESOLUTION NO. OE92-22 A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD APPROVING A VARIANCE TO ENCROACH INTO THE REQUIRED 20 FT REAR YARD SETBACK TO ENABLE THE ENCLOSURE OF TWO PATIO COVERS ON ADJOINING LOTS FOR PROPERTY LOCATED AT 745 AND 749 SUNFLOWER STREET (CASE NUMBER 92-181 V) WHEREAS, a request for consideration of a Variance was filed by Mr. William Mendenhall representing Ms. Margaret Gordon and Ms. Yvette King to allow an 8 ft encroachment into the required 20 ft rear yard setback of the R-11 zone to enable the enclosure of existing patio covers per Chapters 30.16 and 30.78 of the City of Encinitas Municipal Code, for the property located at 745 and 749 Sunflower Street, legally described as: A 50% interest in Lot 55 of Map 6490, Pacific Serena Unit No. 1 of Encinitas, recorded in the office of the San Diego County Recorder, San Diego County, California. For 745 Sunflower Street; and A 50% interest in Lot 56 of Map 6490, Pacific Serena Unit No. 1 of Encinitas, recorded in the office of the San Diego County Recorder, San Diego County, California. For 749 Sunflower Street. WHEREAS, a public hearing was conducted on the application on October 22, 1992; WHEREAS, the Community Advisory Board considered: 1. The staff report dated October 14, 1992; 2. The application, site plan and Statement of Justification submitted by the applicant dated received October 2, 1992; 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") MN\92181V.SR (10-14-92) 5 NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community Advisory Board of the City of Encinitas that application 92-181 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 22nd day of October 1992, by the following vote, to wit: AYES: Steyaert, Cartwright, Comeau NAYS: None ABSENT: Lewis, Birnbaum ABSTAIN: None al;\~ ~ .lrg.ln.la wr.lg, Chairperson of the Old Encinitas Community Advisory Board ~TEST~ ~~~ Tom Curriden Associate Planner MN\92181V.SR (10-14-92) 6 ATTACHMENT "A" Resolution No. OE92-22 Case No. 92-181 V Applicant: Mendenhall Construction Margaret Gordon Yvette King 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. Facts: The proposal is for two adjacent property owners of attached single family homes to encroach 8 ft into the required 20 ft rear yard setback of the R-11 zone with patio enclosures. The 200 sq ft patio covers already exist within the rear yard setback. Section 30.16.010 A10 requires that all primary residential structures maintain the 20 ft rear yard setback. The lot dimensions of these two duplex lots are approximately 90 ft wide by 85 ft deep. Many of the other lots in the neighborhood are deeper, up to 128 ft depth. Discussion: Special circumstances are applicable to this property due to the minimal depth of the lot which denies the applicant the ability to enclose existing patio covers without the benefit of a variance. Since many of the surrounding lots in the neighborhood are much greater in depth, other property owners have a larger building envelope and, therefore, can construct a room addition off the back of the house without the need for a variance. Conclusion: Therefore, the Board finds that special circumstances are applicable to the project due to the minimal depth of the lot which denies the applicant the ability to enclose existing patio covers without benefit of a variance. 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. MN\92181V.SR (10-14-92) 7 Facts: The proposal is for two adjacent property owners of attached single family homes to encroach 8 ft into the required 20 ft rear yard setback of the R-11 zone with patio enclosures. The 200 sq ft patio covers already exist within the rear yard ,setback. Section 30.16.010 A10 requires that all primary residential structures maintain the 20 ft rear yard setback. The lot dimensions of these two duplex lots are approximately 90 ft wide by 85 ft deep. The applicant has identified four other properties in the immediate vicinity which also have constructed room additions off the back of their homes. Three of these additions have been constructed within the rear yard setback. Discussion: The grant of this variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties since other property owners have constructed similar structures off the back of their homes, both within the rear yard setback on the 80-85 ft deep lots, and outside of the 20 ft rear yard setback on the deeper lots. Conclusion: Therefore, the Board finds that the grant of this variance does not constitute a grant of special privileges inconsistent with the limitations upon other property owners in the neighborhood. 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. Facts: The proposal is for two adjacent property owners of attached single family homes to encroach 8 ft into the required 20 ft rear yard setback of the R-11 zone with patio enclosures. The patio enclosures will not change the residential use or character of the single family attached units. Discussion: The grant of this variance does not authorize a use or activity which is not expressly permitted in the R-11 zone. Conclusion: Therefore, the Board finds that the grant of this variance will not change the residential use or character of the attached single family homes. D. No variance shall be granted if the inability to en joy the privilege enjoyed by other property in the vicinity and under identical zoning classification: MN\92181V.SR (10-14-92) 8 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. Facts: The proposal is for two adjacent property owners of attached single family homes to encroach 8 ft into the required 20 ft rear yard setback of the R-11 zone with patio enclosures. The 200 sq ft patio covers already exist within the rear yard setback. Section 30.16.010 A10 requires that all primary residential structures maintain the 20 ft rear yard setback. The lot dimensions of these two duplex lots are approximately 90 ft wide by 85 ft deep. The attached single family homes are set back 25 ft from the front property line, 5 ft from the side property lines and 25 ft from the rear property line with the existing patio covers extending an additional 13 ft (8 ft into the setback). Discussion: Based on a site analysis which includes building location on the site and location of required setbacks, there is no alternate development plan available which would allow an addition more than 5 ft in width without the benefit of a variance. In addition, the project is not self-induced since the need for the variance is due to the small floor area of the single family residences and the minimal depth of the lots. Additionally, the grant of this variance will not constitute a rezoning or other amendment to the Municipal Code since the need of the variance is due to the minimal depth of only a small percentage of the lots within the subdivision. Finally, there is no evidence that the grant of this variance with authorize the maintenance of a public' or private nuisance. Conclusion: Therefore, the Board finds that there are no alternate development plans available which would be of less impact to the site, the variance is not self-induced, it will not constitute a rezoning or amendment to the Municipal Code, and it will not authorize the maintenance of a public or private nuisance. MN\92181V.SR (10-14-92) 9 ATTACHMENT "B" Resolution No. OE92-22 Case No. 92-181 V . Applicant: Mendenhall Construction Conditions: 1. Buildinq Department: Plans shall be submitted to the Building Department for plan check approval. A complete plan check will be done when plans are submitted to the Building Department. 2. Fire Department: Prior to building permit issuance, applicant shall submit a statement from the Fire District to the Community Development Department indicating that all development impact, plan check and/or cost recovery fees have been paid. Address numbers shall be clearly visible from the street fronting the structure. The height of the numbers shall conform to the Fire District Standards. D. Community Development I. SPECIFIC CONDITIONS 1. The applicant shall cause to be recorded a covenant regarding real property which sets forth this grant of approval. The Covenant shall be in form and content satisfactory to the Director of Community Development. II. STANDARD CONDITIONS GENERAL CONDITIONS: 1. This approval will expire in two years, on October 22, 1994 at 5:00 p.m. unless the conditions have been met or an extension has been approved by the Authorized Agency. 2. Approval of this request shall not waive compliance with any sections of the Zoning Code and all other applicable City Ordina~ces in effect at the time of Building Permit issuance unless specifically waived here. 3. 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\92181V.SR (10-14-92) 10 4. Permits from other agencies will be required as follows: State Coastal Commission 5. Project is approved as submitted/modified as evidenced by the site plan, floor plans, and elevations dated received by the City of Encinitas on October 2,1992, and signed by a City Official as approved by the Old Encinitas Community Advisory Board on October 22, 1992, and shall not be altered without Community Development Department review and approval. 6. A proponent or protestant of record may appeal a final decision of the hearing body by filing the appeal within fifteen (15) calendar days of the hearing body's decision pursuant to Chapter 1.12 of the Encinitas Municipal Code. SITE DEVELOPMENT 7. The applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, School Fees, Water and Sewer Service Fees, Traffic Fees, Drainage Fees, Fire Mitigation Fees, and Park Fees. Arrangements to pay these fees shall be paid prior to Building Permit issuance or as deemed necessary by the appropriate agency. MN\92181V.SR (10-14-92) 11