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1988-13 8 8 8 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. LN/ln/CAB11a-1057wp 8 8 8 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. LN/ln/CAB11a-1057wp 8 8 8 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 LN/ln/CAB11a-1057wp