1994-09
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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
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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
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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
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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
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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,
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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.
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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.
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