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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) -