1988-05
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RESOLUTION NO. OL-88-005
A RESOLUTION OF THE OLIVENHAIN
COMMUNITY ADVISORY BOARD APPROVING A VARIANCE FROM
SECTION 4810 OF THE ZONING ORDINANCE FOR
PROPERTY OF PARCEL 3, MAP 14420 COUNTY OF SAN DIEGO,
(COMMONLY KNOWN AS 1878 PACIFIC RANCH DRIVE, ENCINITAS)
WHEREAS,
Elizabeth
Kenneth
and
applied
Snyker
for
a
Variance from Section
4810 of the Zoning Ordinance to allow a
one and one-half story single family dwelling unit and three
car garage to encroach into the required 60' front yard setback
by 20',
for property of Parcel 3 , Map 14420, County of San
Diego, commonly known as 1878 Pacific Ranch Drive;
WHEREAS,
public
hearing
conducted
a
on
the
was
application
88-119-V
on May
1988,
by the
Olivenhain
17,
Community Advisory Board, at which time all persons desiring to
be heard
were heard; and
WHEREAS,
evidence
was
submi tted and considered to
include without limitation:
a.
site plan submitted by the applicant;
Written information submitted with the application;
Oral testimony from staff, applicant, and public made
a part of the record at said public hearing;
CAB staff report (88-119-V) dated May 9, 1988, which
is on file in the Department of Planning and
Community Development; and
Additional written documentation.
b.
c.
d.
e.
NOW,
THEREFORE,
BE
IT
RESOLVED
by
the
Olivenhain
Community Advisory Board of the City of Encinitas that:
LN/ln/CAB11-0136wp
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1. The applicant's property is physically special in
contrast to some of the existing lots in the vicinity, since
the shape of the lot is wider than it is in depth and it is a
panhandle lot, and the required setbacks limit the development
to an approximately 59' by 92' area of the site. The CC&R's of
the subdivision require a house of no less than 2500 sq. ft., a
one to one and one-half story house, a 3 car garage, and a 24'
height limit, thereby further restricting the property. In
addi tion to the required setbacks a sink hole on the site
prohibits development in the south west portion of the lot
without considerable stabilization of the site, which further
reduces the size of the developable portion of the lot. other
properties in the same zone and same vicinity are not limited
by the physical or the location constraints to such a degree.
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 vicinity have adequate area
to locate the size dwelling required in the CC&R's without the
need for a variance.
3. The granting of this Variance would not authorize a
use that is not expressly authorized by the zoning
regulations, since a single family dwelling unit with
accessory uses is allowed in the zone.
4. The granting of this Variance would not grant a
privilege not enjoyed by other property in the vicinity, since
other properties are able to develop a 2500 sq. ft. house
without the need for a variance because their lots more square
shaped than panhandle allowing adequate room to develop the
required size structute; the situation was not self-induced
since the existing CC&R's and the location of the site on an
access easement were a part of the original subdivision not
processed the by applicant; the request would not constitute a
rezoning, since encroaching into the setback does not
necessitate a zone change; and would not authorize a public
nuisance, since the structure will be of a compatible design
with the neighborhood and will not authorize a use that would
be a nuisance since the zoning allows single family dwelling
units.
BE IT FURTHER RESOLVED THAT the application for Variance
88-119-V is hereby APPROVED.
LN/ln/CAB11-0136wp
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PASSED AND ADOPTED this 17th day of May 1988,
by the
following vote, to wit:
AYES:
Stumpf, Bobbitt, Du Vivier
None
Fernald & Tutoli
None
NAYS:
ABSENT:
ABSTAIN:
~~.
MICHELLE TUTOLI, Chairman of
the Olivenhain Community
Advisory Board
ATTEST:
LN/ln/CAB11-0136wp
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APPLICATION FOR COASTAL DEVELOPMENT PERMIT
APPENDIX B
LOCAL AGENCY REVIEW FORM
¡SECTION A (To be completed by applicant)
Appl i cant
Marqaret Kahn
Project description
Single Family Residence, three bedroom, 3,~70 sq.ft.,
three-car qaraqe
Location
1878 Pacific Ranch Drive. Encinitas. CA
Assessor1s Parcel Number
262-062-35
~ON B (To be completed by local planning or building inspection department)
Zoning designation ^ '5 - d ) 5 du/ac
General or Conmunity Plan designation '=#= 3
Local Discretionary Approvals
d
du/ac
[] Proposed development meets all zoning requirements and needs no local permits
other than building permits.
0 Proposed development needs local discretionary approvals noted below.
Needed ReceivE!d
~~{ìM
Design/Architectural review . ~~ ~J?/?&
Varl ance for çJfJ' ~~ ....;zf ~tI ,("~d. <¥"" '~'M5
Rezone from 110 {?-.-cd ~~'!£ .
Tentative Subdivision/Parcel Map No.
Grading/land Development Permit No.
Planned Residential/Commercial Development
Site Plan Review
Condomini um Conversion Permit
Conditional, Special, or Major Use Permit No.
ather'
0
0
0
0
0
0
0
0
0
0
0
,g
0
0
0
0
0
0
0
CEQA Status
~CategOrica.llY Exempt - Class }t5'3~ Item ~
[] Negative Declaration Granted
__0 Environmental Impact Report Required, Final Report certified
Prep. red f~r thj Ci ty I County of ~~ by ~ ~
Date ~//~æ..1 Title - -~
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