1988-08
8
8
.
RESOLUTION NO. OL-88-008
A RESOLUTION OF THE OLIVENHAIN
COMMUNITY ADVISORY BOARD APPROVING A VARIANCE FROM
SECTIONS 4810 SETBACKS, AND 4006 & 4200 LOT SIZE
OR AREA, OF THE ZONING ORDINANCE FOR
PROPERTY COMMONLY KNOWN AS 3703 MANCHESTER AVENUE
WHEREAS,
Louis V.
Schooler applied for a Variance from
sections 4810, 4006 and 4200 of the Zoning Ordinance to allow a
reduction in lot size below the required .50 minimum net acres
required in the RS-2 zone for Parcel 1 from .582 gross acres to
.459 net acres, and for Parcel 2 from .585 gross acres to .482
net
and
for
reduction
in the
required
40'
from
acres;
a
centerline front yard setback from a less than 40' easement to
23' on Parcel 2 for property of:
All that portion of the West half of the East Half of the
South Half of the East Half of the Southwest Quarter of
the Southwest Quarter of section 24, Township 13 South,
Range 4 West, San Bernardino Base and Meridian, County of
San Diego, State of California, according to official plat
thereof, lying Southerly of a line drawn parallel with
and distant 320.00 feet Northerly from the Northerly line
of County Road Survey No. 426, (Manchester Avenue) 40.00
feet wide, a plat of which is on file in the Office of the
County Engineer of San Diego County. EXCEPT therefrom the
East 5.095 feet thereof. .
Commonly known as 3703 Manchester Avenue, Encinitas;
WHEREAS,
public
hearing
was
conducted
on
the
a
application
1988, by the Olivenhain
88-274-V on October 18,
Community Advisory Board, at which time all persons desiring to
be heard
vlere heard; and
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WHEREAS,
evidence
was
submi tted and considered to
include without limitation:
c.
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 (88-274-V) dated October 13, 1988,
which is on file in the Department of Planning and
community Development; and
Additional written documentation.
a.
b.
d.
e.
NOW,
THEREFORE,
BE
IT
RESOLVED
by
the
Olivenhain
Community Advisory Board of the city of Encinitas that:
1. The applicant I s property is physically special in
contrast to some of the existing lots in the vicinity, since
one of the parcels proposed is enclosed on three sides by
either public or private roads or easements requiring greater
setbacks for structures, and the access easement running east
and west through Parcel 1 and Parcel 2 which resulted in the
reduction of the lot sizes for both parcels was requested by
the County of San Diego to relieve a potentially hazardous
access onto Manchester Avenue from the adjacent easterly
property;
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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 do not have
streets or easements on three sides of the property and
therefore, may have less restrictive setbacks;
3. The granting of this Variance would not authorize a
use that is not expressly authorized by the zoning
regulations, since the existing triplex on Parcel 2 is an
existing non-conforming use and structural non-conformity and
a covenant is required to be recorded agreeing to convert the
existing triplex to a single family dwelling unit prior to
issuance of a building permit to construct a single family
dwelling unit on Parcel 1, thereby ensuring that the existing
non-conforming situation is only allowed to remain until a
building permit is requested on Parcel 1, at which time only
one single family dwelling unit will be allowed on each
parcel; .
.
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8
4. The granting of this variance would not grant a
privilege not enjoyed by other property in the vicinity, since
other properties do not have roads or easements on three sides
of the property; the situation was not self-induced since the
County's request for the access easement east and west through
Parcels 1 and 2 resulted in the reduction in net lot size; the
request would not constitute a rezoning, since the lots would
be only slightly below the required .50 net acre lot size; and
would not authorize a public nuisance, since the lots are
ultimately proposed for single family residential use.
BE IT FURTHER ~SOLVED THAT the application for Variance
88-274-V is hereby APPROVED with the following condition:
1.
A covenant is required to be recorded in the office
of the County Recorder, binding to present and future
owners, agreeing to convert the existing triplex on
Parcel 2 to a single family dwelling unit prior to
issuance of a building permit for Parcell.
PASSED AND ADOPTED this 18th day of October 1988, by the
following vote, to wit:
8 AYES: Boardmembers Bobbitt, DuVivier, Fernald and Stumpf
NAYS: None
ABSENT: Boardmember Tutoli
ABSTAIN: None
CHUCK DU VIVIER, Vice-Chairman of
the Olivenhain Community
Advisory Board
ATTEST:
.
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