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1994-09 . . . RESOLUTION NO. OL-94-09 A RESOLUTION OF THE 0 LIVENBAIN COMMUNITY ADVISORY DO ARD APPROVING A V ARIANCE REQUEST TO ALLOW A PORTION OF A PROPOSED GARAGE TO ENCROACH TO WITHIN 22.5 FEET OF THE FRONT YARD PROPERTY LINE AND TO ALLOW FOR PORTIONS OF WALL HEIGHTS WITHIN THE IS-FOOT AREA MEASURED FROM THE FRONT YARD PROPERTY LINE TO EXCEED THE FOUR FOOT HEIGHT STANDARD FOR PROPERTY WCATED AT 2814 CRYSTAL RIDGE ROAD (CASE NUMBER 941'167 V; APN: 264-152-48) WHEREAS, an application for consideration of a Variance request was filed by Ronald and Lisa Pepper I Peter Schweizer, Designer to allow for a portion of an attached garage to extend 7 feet 6 inches into the 3Q-Foot Front Yard Setback established by Municipal Code Section 30. 16.01OA 7 (originally proposed as a 15 foot encroachment) and for fencing within the area 15 feet from the front property line to exceed the 4-foot height standard established by Municipal Code Section 30. 16.010F 1 to six feet for columns and to eight feet for the archway above the walkway entry for property located at 2814 Crystal Ridge Road, and legally described as; PARCEL A (LOT 3) OF CITY OF ENCINITAS TRACf NO. 88-25Q-TM, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12578, AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 5, 1989. WHEREAS, a public hearing was conducted by the Olivenhain Community Advisory Board on November 8 and continued to December 6, 1994 and all those desiring to speak, did speak; and WHEREAS, the Olivenhain Community Advisory Board considered, without limitation: 1. The Agenda Reports for the November 8 and December 6, 1994 meetings; 2. The General Plan, Zoning Code and associated Land Use Maps; 3. Oral evidence submitted at the hearing by staff, by the applicant and by the public; 4. Written evidence submitted with the application and at the public hearing; and cdlcrola:9/u94167.012(11-3G-94) . . . 5. The application, plans and supporting material dated received by the City on September 26, 1994. Said plans consisting of four sheets. The first sheet being a Title Sheet, the second sheet being the Site Plan (as revised and dated received by the City on November 30, 1994), the third sheet being the Floor Plans, and the fourth sheet being the Building Elevations and FencelWall Designs. WHEREAS, the Olivenhain Community Advisory Board made the following findings pursuant to Section 30.78.030 of the Encinitas Municipal (Zoning) Code: (SEE EXHIBIT "1") NOW, THEREFORE, BE IT RESOLVED by the Olivenhain Community Advisory Board of the City of Encinitas that application No. 94-167 V (as revised) is hereby approved subject to the following conditions: A. COMMUNITY DEVRT ..oPMENT DEPARTMENT: The developer shall contact the Community Development Department regarding compliance with the following conditions: 1. The project is approved as submitted and evidenced by plans dated received by the City on September 26, 1994 with a Revised Site Plan dated received by the City on November 30, 1994 and shall not be altered without City approval or as conditioned herein. Prior to Building Permit issuance, a Covenant shall be recorded to the satisifaction of the Community Development Director which records this Resolution and its Conditions for the property. 2. This approval may be appealed to the Planning Commission within 15 calendar days from the date of this approval in accordance with Chapter 1.12 of the Municipal Code. 3. This Variance approval shall be valid for two years from the effective date of the permit (to December 6, 1996), during which time construction of the approved structure shall be pursued in conformance with the Uniform Building Code to the satisfaction of the Director of Community Development; or as the effective period may be extended pursuant to the Municipal Code. 4. Prior to foundation inspection approval and the pouring of the foundation, the developer shall contact the Community Development Department for a Site Inspection to verify that the garage structure is no closer than '8geIl feet 6 inches to the front yard lot line. "2.'2.. C4O 5. For new residential dwelling unit(s), the applicant shall pay development fees at the established rate. Such fees may include, but shall not be limited to: Permit and Plan Checking Fees, School Fees, Water and Sewer Service Fees, Traffic cdIcroIa:9/1r'J4167.0I2(11-3G-94) . . . Fees, Drainage Fees and Park Fees. Arrangements shall be made to the satisfaction of the appropriate department or agency to pay the impact fees prior to Building Permit issuance or Final Occupancy approval. 6. Prior to Building Permit issuance, the developer shall provide evidence of approval from the Cardiff Sanitation District for the construction of any structures which may be proposed to be located within the sewer easement on the property. 7. A Landscape Plan and Erosion Control Measures in conformance with Planning Commission Resolution No. 89-11; Conditions 2 C, E and G shall be implemented for the rear yard slope to the satisfaction of the Community Development Director. The rear wall at the top of the slope shall conform with the requirements of Condition 2 H of the Commission's Resolution to the satisfaction of the Community Development Director. B. Six foot wrought iron, or other open fencing, shall be installed along the southerly side yard property line shall be provided with landscape planting areas to support vines to be planting along the wrought iron fencing for an area of approximately 60 feet from the front yard property line. FIRE PROTECTION DISTRICT: The developer shall contact the Fire Protection District regarding compliance to the following conditions: 8. 1. ADDRESS NUMBERS: Address numbers shall be placed in a location that will allow them to be clearly visible from the street fronting the structure. The height of the numbers shall conform to Fire District standards. NOTE: 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 address numbers shall be affixed to this marker. 2. AUTOMATIC FIRE SPRINKLER SYSTEM: Structures shall be protected by automatic fire sprinkler systems installed to the satisfaction of the Fire Protection District and Municipal Code standards. 3. FEES: Prior to Building Permit issuance, the applicant shall submit to the Community Development Department a letter from the Fire District stating that all fees including plan check reviews and/or cost recovery fees have been paid or secured to the satisfaction of the Fire District. 4. SMOKE DETECTORS: Protection District. Smoke detectors shall be inspected by the Fire cdJ croI d/1I94167 . 012(11-30-94) . . . C. DIm.DING DIVISION: The developer shall contact the Building Division regarding compliance to the following condition: A Building Permit is required for this project. The developer shall submit plans and specifications to the Building Division for a complete plancheck review. Contact the Building Division if there are any questions concerning the plancheck submittal. DE IT FURTHER RESOLVED by the Olivenhain Community Advisory Board of the City of Encinitas that: This project is found to be categorically exempt from Environmental Review pursuant to Section 15303(a) of the California Environmental Quality Act (CEQA) Guidelines. PASSED AND ADOPTED this 6th day of December, 1994, by the following vote, to wit: AYES: Jordan, Bode, McGregor, Tutoli, Van Slyke NAYS: None ABSENT: None ABSTAIN: None c;:~ . {)~ Craig R. Olson, Assistant Planner cdIcrola:9/ar94167.al2(11-30-94) . . . EXHIBIT "1" Resolution OL-94-09 Findings Pursuant to Section 30.78.030 of the Municipal (Zoning) Code Related to Variances A. A Variance from the terms of the zoning ordinance shall be granted only when, because of the special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinanCe deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. bm: The application requests a Variance to encroach into the 3O-foot Front Yard Setback to within 22 feet 6 inches of the front yard property line for a portion of a proposed garage (Le.: a 7 foot 6 inch encroachment). In addition, the applicant requests Variance approval to extend beyond the 4 foot height standard for walls proposed to be located within the 15 foot area measured from the front property line. Discussion: The applicant requests the Variance due to the site constraints imposed on the lot by a 15 foot wide sewer easement located along the southern portion of the property, the rear yard sloped area, the irregularly shaped front yard caused by the location of the lot on the cul-de-sac, and the fact that homes on this side of Crystal Ridge Road are required to be single story structures. These factors reduce the usable portion of the lot and restrict square footage of the structure which could be located in a second story pursuant to Municipal Code Standards for the Rural Residential-2 Zoning District. Conclusion: Therefore, the Olivenhain Community Advisory Board finds that the site constraints imposed on the lot by the sewer easement, rear yard slope constraints, location on the cul-de-sac, and the one story restriction precludes the privilege to develop the property as enjoyed by other property owners in the vicinity and under the same Rural Residential-2 Zoning Designation and that the Variance to the Front Yard Setback Standard and the restriction to 4 foot wall height within the 15 foot area from the front yard lot line are warranted. B. 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 vicinity and zone in which such property is situated. bm: The Variance allows for a portion of a proposed garage to encroach into the Front Yard Setback to within 22 feet 6 inches of the front yard property line and for wall height to exceed the 4 foot standard in the area 15 feet from the front yard property line. Discussion: If the site was not impacted by the constraints associated with the sewer easement located along the southern portion of the property, the rear yard sloped area, cdlcroIa:9/ar94167.0I2(11-30-94) . . . the irregularly shaped front yard caused by the location of the lot on the cul-de-sac, and the fact that homes on this side of Crystal Ridge Road are required to be single story structures, adequate area would be available to provide for the garage and front yard fencing to conform to Municipal Code standards. Since the RR-2 Zoning District permits single family residential use with accessory garage structures, no conditions are necessary to assure that the Variance adjustment would not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. Conclusion: Therefore, the Olivenhain Board finds that the Variance is warranted since the Variance approval does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated. C. 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 . 111m: The Rural Residential-2 (RR-2) Zoning District permits single family residential development as a right. Discussion: The project proposes the development of accessory structures (garage and walls) which are typically associated with single family residential structures. Conclusion: Therefore, the Olive~ Board finds that the Variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulation governing the parcel of property. D. 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 constitute a rezoning or other amendment to the zoning code; or 4. Would authorize or legalize the maintenance of any private or public nuisance. cdlcrola:9/u94167.oI2(ll-3(}.94) . . . lam: The projeCt conforms in all other aspects with the development standards of the RR -2 Zoning District and all other applicable standards required by the Municipal Code except for the encroachment of a portion of the garage into the 3O-foot Front Yard Setback and the extension of the wall height beyond four feet within the 15 foot area measured from the front yard property line. Discussion: Due to the considerations of the constraints existing on the subject property (including the 15 foot wide sewer easement located along the southern portion of the property, the rear yard sloped area, the irregularly shaped front yard caused by the location of the lot on a cul-de-sac, and the fact that homes on this side of Crystal Ridge Road are required to be single story structures) other design options do not allow the structure to be constructed to similar square footage of other homes within the neighborhood or within the RR-2 Zoning District. These constraints were not self- induced as a result of any action taken by the property owner. The Variance approvals do not permit such a degree of variation as to constitute a rezoning or other amendment to the Zoning Code since Single Family residences are permitted by right within the RR- 2 Zone. No evidence has been submitted to indicate that the Variance approvals would authorize or legalize the maintenance of any private or public nuisance. Conclusion: Therefore, the Olivenhain Board fmds that the project does not impose any significant adverse impacts to the site and adjacent properties and that the Variance is not self-induced as a result of an action taken by the property owner or the owner's predecessor. The project does not allow such a degree of variation as to constitute a rezoning or other amendment to the Zoning Code nor has any evidence been submitted to indicate that the project would authorize or legalize the maintenance of a private or public nuisance. cdlcroll:9/u94167 .012(11-~94)