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1988-10 8 8 8 RESOLUTION NO. OL-88-010 A RESOLUTION OF THE OLIVENHAIN COMMUNITY ADVISORY BOARD APPROVING A VARIANCE FROM SECTION 6708, C OF THE ZONING ORDINANCE FOR PROPERTY OF LOT 24, COUNTY ROSE ESTATES, SHEA HOMES COUNTY OF SAN DIEGO (COMMONLY KNOWN AS 3335 COUNTRY ROSE CIRCLE, ENCINITAS) WHEREAS, Edward Goldz imer , applied for a Variance from section 6708, c of the Zoning Ordinance to allow a tennis court fence height to exceed the required 6' height limit in the interior side and rear yard setbacks by 4' for a total height of 10 I, for property located at 3335 Country Rose Circle; WHEREAS, public hearings were conducted on the application 88-244-V September 1988, and September 6, 20, by the on 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; 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 reports (88-244-V) dated August 31, and September 13, 1988, which is are file in the Department of Planning and Community Development; and Additional written documentation. b. c. d. e. LN/ln/CABll-947awp 8 8 8 NOW, THEREFORE, BE by Olivenhain IT RESOLVED the Community Advisory Board of the City of Encinitas that: 1. The applicant's property is physically special in contrast to some of the existing lots in the vicinity, since the existing grading on the lot previously approved for the subdivision does not allow the location of the tennis court on the 2 acre lot to be located without grading into the previously approved graded area and outside the required setbacks. 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 a tennis court outside the setback areas, additionally they would have the same opportunity to request a Variance as per section 30.78.030 of the Municipal Code. 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 have more lot area without changing the previously approved grading plan to place a tennis court outside the required setbacks; the situation was not self- induced since the existing grading of the pad was approved on the grading plan; the request would not constitute a rezoning, since exceeding the height limit for a fence does not necessitate a zone change; and would not authorize a public nuisance, since the court will be required to be screened by planting. BE IT FURTHER RESOLVED THAT the application for Variance 88-244-V is hereby APPROVED. BE IT ALSO RESOLVED THAT the variance is approved subject to the following conditions: 1. That a covenant be recorded requiring that the approved landscape plan dated September 20, 1988 be planted and maintained at a height higher than 10' in LN/ln/CABll-947awp 8 8 8 the AYES: NAYS: ABSENT: ABSTAIN: ATTEST: order to provide adequate screening for the tennis court. 2. That no overhead lighting of the tennis court allowed. is 3. That additional shrubs will be planted between the. QDurt and the trail to provide adequate screening, and the additional planting shall be reviewed and approved by staff and a revised landscape plan submitted for the file. PASSED AND ADOPTED this 20th day of September ,1988, by following vote, to wit: Boardmembers DuVivier, Stumpf, Bobbitt, and Tutoli None Boardmember Fernald (attending Planning Commission) None ~Jd. .~~CHELLE TUTOLI, Chairman of the Olivenhain Community Advisory Board LI A S. NILES Assistant Planne~ LN/ln/CABll-947awp