1988-10
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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.
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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
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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~
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