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1988-05 . . . 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 . . . 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 - . . . 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 - J , ~ . . . , . ' 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 - -~ - - - .-J