1987-12
RESOLUTION NO. OL-87-012
. A RESOLUTION OF THE OLIVENHAIN
COMMUNITY ADVISORY BOARD APPROVING A VARIANCE FROM
SECTION 4835 OF THE ZONING ORDINANCE
FOR PROPERTY LOCATED AT 835 WOODSIDE LANE
WHEREAS, Del Davidson applied for a Variance from Section
4835 of the Zoning Ordinance to allow a deck for a single family
residence to encroach into a required 40' year yard setback by
37' and into a required 10' side yard setback by 9.5', and for a
second story balcony to encroach into the required 40' rear yard
setback, a maximum of 23', for property located at 835 Woods ide
Lane, Encinitas.
WHEREAS, a public hearing was conducted on the application
on 87-003-V and proposed Negative Declaration 87-003-EIA on
. August 4, 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 87-003-V and 87-003-EIA dated August ,-', ,
4, 1987, which is incorporated by this reference as
though fully set forth herein; and
e. Additional written documentation.
NOW THEREFORE, BE IT RESOLVED by the Olivenhain Community
. Advisory Board of the city of Encinitas that:
LN/jc/CAB3-268 (10-21-87)
1. The applicant's property is physically special and unique in
contrast wi th other lots in the same vicinity, for the
. reasons set forth in Item A of the staff report;
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 not grant a privilege
that is not enjoyed by other property in the vicinity, since
no other reasonable alternate design could be used; the need
for the variance was not self-induced; it does not
constitute a rezoning; and it would not authorize a public
or private nuisance.
BE IT ALSO RESOLVED, that the Olivenhain Community Advisory
Board hereby approves Variance 87-003-V and the associated
Negative Declaration 87-003-EIA.
. PASSED AND ADOPTED this 4th day of August, 1987, by the
following vote, to wit:
Ayes: Boardmembers DuVivier, Bobbitt, Fernald, Trujillo, and
Tutoli
Nays: None
Absent: None
Abstain: None
c¥:~£V ~,. ¿¿~)
Linda Trujillo, Chairman of the
Olivenhain Community Advisory Board
ATTEST:
.
LN/jc/CAB3-268 (10-2l-87)
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