1988-13
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RESOLUTION NO.
OL-88-013
A RESOLUTION OF THE OLIVENHAIN
COMMUNITY ADVISORY BOARD APPROVING A VARIANCE FROM
SECTION 6708, C OF THE ZONING ORDINANCE FOR
PROPERTY OF LOT 8, COUNTY ROSE ESTATES, SHEA HOMES
COUNTY OF SAN DIEGO
(COMMONLY KNOWN AS 3314 COUNTRY ROSE CIRCLE, ENCINITAS)
WHEREAS, Don Fryer, 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 rear yard
setback by 4' for a total height of 10', for property located
at 3314 Country Rose Circle;
WHEREAS,
public
hearing
a
conducted
was
on
the
application
88-327-V on December 6, 1988 by the Olivenhain
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.
b.
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 (88-327-V) dated November 21, 1988,
which is on file in the Department of Planning and
Community Development; and
Additional written documentation.
c.
d.
e.
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NOW,
THEREFORE,
BE
IT
RESOLVED
by
the
Olivenhain
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 on the east side of the lot and
outside the required setbacks without grading into the
previously approved grading of the site which would necessitate
resubmittal of a grading plan and drainage study to accommodate
the drainage onsite. The location of the court on the west
side of the lot does not significantly change the grading on
the site.
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 and grading for
si te drainage was approved on the grading plan; the request
would not consti tute 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 is required to
be screened by planting.
BE IT FURTHER RESOLVED THAT the application for Variance
88-327-V is hereby APPROVED.
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BE IT ALSO RESOLVED THAT the variance is approved subject
to the following conditions:
1.
That the lighting be deleted.
PASSED AND ADOPTED this 6th day of December, 1988, by the
following vote, to wit:
AYES:
Boardmembers Fernald, Stumpf, and Tutoli
NAYS:
DuVivier
ABSENT:
Bobbitt
ABSTAIN:
None
~d'
I ELLE TOLI, Chairman of
the Olivenhain Community
Advisory Board
ATTEST:
DA S. NILES
Assistant Plan
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