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1992-12 . . . RESOLUTION NO. OL-92-12 A RESOLUTION OF THE OLIVENHAIN COMMUNITY ADVISORY BOARD APPROVING A VARIANCE FOR A SFR ADDITION TO ENCROACH INTO THE EXTERIOR SIDE YARD SETBACK BY 10' FOR PROPERTY LOCATED AT 568 RANCHO SANTA FE ROAD (CASE NO.: 92-041 V) WHEREAS, John Zolezzi applied for a Variance for a single family residence addition for a new second story to encroach 10' into the 15' exterior side yard setback for property located at 568 Rancho Santa Fe Road and legally described as: That portion of Block 94, in the COLONY OF OLIVENHAIN, according to Map thereof No. 326, filed in the office of the County Recorder of San Diego County, July 8, 1885. WHEREAS, A public hearing was conducted on the application by the Olivenhain Community Advisory Board on April 7, 1992, and all persons desiring to be heard were heard; and WHEREAS, evidence was submitted and considered to include without limitation: a. Plans submitted with the application and dated received by the City on March 20, 1992; written information submitted with the application; O~al testimony from staff, applicant, and public made a part of the record at said public hearing; CAB staff report dated April 1, 1992, which is on file in the office 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 the Variance for Case #92-041 V is hereby approved in accordance with the following findings: JO/02/CROll-906wp511(4/1/92-2) . . . 5. (See Attachment" A") BE IT FURTHER RESOLVED, that the Variance Request is approved subject to compliance with the following conditions: 1. The project is approved as described on the revised plans received by the City on March 20, 1992, which includes the site plan, floor plans, and elevations and shall not be altered without Community Advisory Board approval or as provided by Municipal Code. A plan shall be submitted for approval by the Director of Planning and Community Development, the City Engineer, and the Encinitas Fire Protection District regarding the treatment of the site during the construction phase, and the circulation and parking of construction workers' vehicles and any heavy equipment needed for the construction of the project. 2. 3. Prior to foundation and/or pad preparation for the proposed addition,the property shall be staked and lined to indicate all property lines to the satisfaction of the Director of Community Development. An inspection shall be made of the site prior to building department inspection of the foundations for the portion of the structure requiring the variance. 4. Fire Prevention District: Fire Prevention District following condition: The applicant shall contact the to assure compliance with the A. Address Numbers: Address numbers shall be clearly visible from the street fronting the structure. The height of numbers shall conform to Fire District Standards. Where structures are located off a roadway on long driveways, a monument marker shall be placed at the entrance where the driveway intersects the main roadway. Permanent numbers shall be affixed to this marker. B. Recordation: Prior to final recordation or development approval, the applicant shall submit to the Planning Department a letter from the Fire District stating that all development impact, plan check and/or cost recovery fees have been paid or secured to the satisfaction of the Fire District. Public Works DeDartment. Public Works Department following conditions: The applicant shall contact the to assure compliance with the JO/02/CROll-906wp512(4/1/92-2) . . . 6 7. 8. 10. 11. street Conditions A. Developer shall execute and record a covenant with the County Recorder agreeing not to oppose the formation of an assessment district to fund the installation of right- of-way improvements. utilities B. The developer shall comply with all the rules, regulations, and design requirements of the respective utility agencies regarding services to the project. C. The developer shall be responsible for coordination with S.D.G. & E., Pacific Telephone, and other utility authorities. D. All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. This approval may be appealed to the Planning Commission within 15 calendar days from the date of this approval. In the event that any of the conditions of this permit are not satisfied, the Planning and Community Development Department shall cause a noticed hearing to be set before the authorized agency to determine why the City of Encini tas should not revoke this approval. In the event that one or more of the conditions imposed on the variance is violated, the Director, upon notice and an opportunity to present information, may revoke the variance or impose additional conditions. 9. Approval of this request shall not waive compliance with any sections of the Zoning Code and all other applicable City Ordinances except as permitted by this approval. The applicant shall cause to be recorded a covenant regarding real property which sets forth this grant of approval. The covenant shall be in form and content satisfactory to the Director of Planning and Community Development. If substantial construction has not been completed in reliance upon a granted variance within one year of the grant, then upon notice to the property owner, and an opportunity to present information to the Community Development Director, the Director may declare the variance to have expired with the privileges granted thereby canceled. JO/02/CROll-906wp513(4/1/92-2) ~ . . BE IT FURTHER RESOLVED by the Olivenhain Community Advisory Board of the City of Encinitas that: This project was found to be exempt from Environmental Review per Section 15303 (e) of CEQA¡ PASSED AND ADOPTED this 7th day of April, 1992, by the following vote, to wit: AYES: Van S~ke, Bode, Kitnick NAYS: Schafer, Mazanec ABSENT: None ABSTAIN: Q None Bryan R. Schafer, Chairman 0 the Olivenhain Community Advisory Board of the City of Encinitas ATTEST: ~Q.oQ~ Craig R. Olson Assistant Planner JO/02/CROll-906wp514(4/1/92-2) . ,_/ ATTACHMENT A Olivenhain community Advisory Board RESOLUTION NO. OL-92 CASE NO. 92-041 V I. FINDINGS FOR VARIANCE (Section 30.78.030D Municipal Code) A. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicini ty and zone in which such property is situated. Facts: The project will not grant special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district of the area. . Discussion: The proposed encroachment of the upper floor addition will allow the structure to be in line with the side yard setback of the existing one story residence on the south side of the property. Many of the existing homes along 9th Street do not meet the exterior side yard setback for the RR-2 zone since they were built prior to city incorporation and the adoption of current development standards for the RR-2 zoning district. The additions match the exterior side yard projection of the existing first story of the residence with no further encroachment. The proj ect would not be a special privilege. Conclusion: Therefore, special privileges are not being granted that are inconsistent with the limitations of other properties. B. A variance will not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zoning regulation governing the parcel of property. Facts: Single family homes and additions are allowed in residential zones. The project is in the RR-2 zoning district. Discussion: The proposed single family dwelling addition on the RR-2 property is in a rural residential zone and the structure is compatible with sizes and designs of nearby existing homes. The sizes and design are typical . JO/02/CROll-906wp515(4/1/92-2) . . . for Olivenhain. There is ample room for an addition and the proposed setback is safe for access to automobiles and pedestrians. Conclusion: Therefore, the variance for the SFR would not authorize a use or activity that is inconsistent with the zoning regulations since these types of additions are allowed in the RR-2 Zone. C. No variance shall be granted if the inability to enjoy the privilege enjoyed by other property in the vicinity and under identical zoning classification: 1. Could be avoided by an alternate development plan; which would be of less significant impact to the site and adjacent properties than the project requiring a variance; 2. Is self-induced as a result of an action taken by the property owner or the owner's predecessor; 3. Would allow such a degree of variation as to consti tute a rezoning or other amendment to the zoning code; or 4. Would authorize or legalize the maintenance of any private or public nuisance. Facts: The proposal is to encroach 10' into the 15' exterior side yard setback for an addition in the RR-2 Zone. The property has a lot size of 0.53 acres and is currently occupied with a single family home. There is minor sloping on the lot with the house pad area being flat. Discussion: The variance request does not constitute a rezoning, nuisance, nor is itself induced. An alternate plan could have been submitted that does not require the amount of encroachment proposed. However, this would take away the possibility of a second story addition on the south side of the property if the proper setback is to be met. Many of the homes in the area do not meet proper setbacks and have nonconforming additions. The proposed addition will simply meet the existing side yard setback. Conclusion: Therefore, the addition location in the exterior side yard setback area would be more compatible to the land use characteristics of the area with current home locations on the subject property and on lots along 9th street. JO/02/CROll-906wp516(4/1/92-2)