1988-25
8
.
8
RESOLUTION NO. OL-88-025
A RESOLUTION OF THE OLIVENHAIN
COMMUNITY ADVISORY BOARD APPROVING A VARIANCE FROM
SECTION 6708, C OF THE ZONING ORDINANCE FOR
PROPERTY OF LOT 56, COUNTY OF SAN DIEGO TRACT 3494-1,
MAP 9051, COUNTY OF SAN DIEGO
(COMMONLY KNOWN AS 1333 RANCHO ENCINITAS DR)
WHEREAS,
Robert P.
Budetti,
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 6' for a total height of 12', for property located
at 1333 Rancho Encinitas Drive;
WHEREAS, a public hearing was conducted on the application
88-268-V on November 8, 1988, by the 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 report (88-268-V) dated October 31, 1988, which
is on file in the Department of Planning and Community
Development; and
Additional written documentation.
b.
c.
d.
e.
NOW, THEREFORE, BE IT RESOLVED by the Olivenhain community
Advisory Board of the City of Encinitas that:
LN/ln/C1\B11a-l056wp
8
8
8
1. The applicant. s property is physically special in contrast
to some of the existing lots in the vicinity, since the
existing topography on the site prohibits the location of a
dwelling unit and a tennis court without even more extensive
grading and retaining walls than are presently proposed.
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 less severe topography and can accomplish the
construction of a dwelling unit and a tennis court without
extensive grading and outside the required setbacks; the
situation was not self-induced since the design of the
subdivision was approved and the topography is existing; 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-
268-V is hereby APPROVED.
BE IT ALSO RESOLVED THAT the variance is approved subject to
the following conditions:
1.
That a landscape plan be submitted and approved by the
Planning and Community Development Department prior to
issuance of a building permit.
Grading of the subject property shall be in accordance
with the City of Encinitas Grading Ordinance.
2.
LN/ln/CAB11a-1056wp
8
8
~e
3.
A soils/geological/hydrolic report shall be prepared by
a qualified engineer licensed by the ~tate of California
to perform such work at first submittal of a grading
plan.
4.
The final grading plan shall be subject to review and
app):oval by the Public Works Department and shall be
completed prior to issuance of a building permit.
PASSED AND ADOPTED this 8th day of November, 1988, by the
following vote, to wit:
AYES:
NAYS:
AB:?ENT:
ABSTAIN:
ATTEST:
Boardmembers DuVivier, Stumpf, Fernald, Bobbit and
Tutoli
None
r
None
None
.. ~ ~£dc
.lt~CHELLE TUTOLI, Chairman of
the Oliverihain community
Advisory Board
0-
LI DA S. NILES
Assistant PI ann r
...
.~
LN/ln/CAB11a-1056wp