1987-07
RESOLUTION NO. 01-87-007
. A RESOLUTION OF THE OLIVENHAIN
COMMUNITY ADVISORY BOARD APPROVING A VARIANCE FROM
SECTION 48l0 OF THE ZONING ORDINANCE
FOR PROPERTY LOCATED AT 2123 ENCINITAS BOULEVARD
WHEREAS, James Marihugh applied for a Variance from Section
4810 of the Zoning Ordinance to allow a single family residence
and garage to encroach into a required 40' front yard setback by
lO' and into a required 10' side yard setback by 5' at 2123
Encinitas Boulevard;
WHEREAS, a public hearing was conducted on the application
on V85-254 on July 7, 1987, by the Olivenhain Community Advisory
Board, at which time all persons desiring to be heard were heard;
and
. WHEREAS, evidence was submitted and considered to include
without limitation:
a. Site plan submitted by the applicant;
b. Written information submitted with the application;
c. Oral testimony from staff, applicant, and public made a
part of the record at said public hearing;
d. CAB staff report V85-254 dated July 7, 1987, which is
incorporated by this reference as though fully setforth
herein; and
e. Additional written documentation.
NOW THEREFORE, BE IT RESOLVED by the Olivenhain Community
Advisory Board of the City of Encinitas that:
1. The applicant's property is physically special and unique in
contrast with other lots in the same vicinity, for the
reasons set forth in Item A of the staff report;
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LN/kh/CAB3-0L61
2. The privilege sought by the applicant is not inconsistent
with the limitation upon other properties in the vicinity
. and zone, for the reasons set forth in Item B of the staff
report;
3. The variance will not be granted for the parcel of property
which authorizes a use or activity which is not otherwise
expressly authorized by the zoning regulation governing the
parcel of property, for the reasons set forth in Item C of
the staff report; and
4. The granting of this variance would grant a privilege that
is enjoyed by other property in the vicinity, for the
reasons set forth in Item D of the staff report.
BE IT ALSO RESOLVED, that the Olivenhain Community Advisory
Board hereby approves Variance V85-254 with the following
condition:
1. That it can be verified that there are no California
Coastal Commission restrictions on the property that
would preclude the proposed development as submitted.
PASSED AND ADOPTED this 7th day of July, 1987, by the
following vote, to wit:
.
Ayes: Boardmembers DuVivier, Bobbitt, Fernald, and Trujillo
Nays: None
Absent: Boardmember Tutoli
Abstain: None
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Linda T jillo, Ch~an of the
Olivenhain Community Advisory Board
ATTEST:
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LN/kh/CAB3-0L61
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