1987-09
RESOLUTION NO. OL-87-009
~ A RESOLUTION OF THE OLIVENHAIN CAB
APPROVING A VARIANCE FROM SECTION 6708.b
OF THE ZONING ORDINANCE FOR PROPERTY LOCATED
AT 3330 DOVE HOLLOW ROAD, ENCINITAS
WHEREAS, Mr. Larry Eddington, applied for a Variance from
section 6708.b of the zoning Ordinance to allow the tennis court
fence of a single family residence to exceed the allowed 3 1/2'
fence height in the required front yard setback by 8 1/2' for
property at 3330 Dove Hollow Road, Encinitas;
WHEREAS, a public hearing was conducted on the application
V87-078 on July 21, 1987, by the Olivenhain community Advisory
Board, at which time all persons desiring to be heard were heard;
and,
8 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 V87-078 dated July 21, 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, since it is located on a private road with an
unusually wide 60' right of way requiring an unusually
LN/dc/CRO3-0L-87-009 (10/19/87) -1-
large 60' front yard setback instead of the standard
private road setback of 40'.
8 2. The privilege sought by the applicant is consistent
with the limitation upon other properties in the
vicinity and zone, since other properties in the same
vicinity would be required to conform to standards in
the Zoning Ordinance and would have the same
opportunity to request a variance as per Section
30.78030.
3. The Variance will not grant for this property a use or
activity which is not otherwise expressly authorized by
the Zoning Ordinance, since single family dwelling
units and accessory uses are allowed in the RR-.5 Zone.
4. The granting of this variance would not grant a
privilege not enjoyed by other property in the
vicinity, since other lots in the same zone have fences
higher than 42" in the front yard.
5. The application for Variance V87-078 is hereby approved.
PASSED AND ADOPTED this 21st day of July, 1987, by the
following vote, to wit:
4IÞ AYES: Boardmembers Tutoli, Fernald, DuVivier, and Trujillo
NAYS: None
ABSENT: Boardmember Bobbitt
ABSTAIN: None
~~itu Ví~iLQ
LINDA T ILLO, Chai an of
the Olivenhain Community
Advisory Board
ATTEST:
rJt:¿/ \ ~ ~
DA s. NIL"l:S
Assistant Planne
8
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