1989-11
.
.
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CASE NO.
RESOLUTION NO. OL-89-011
A RESOLUTION OF THE OLIVENHAIN
COMMUNITY ADVISORY BOARD DENYING A
MINOR USE PERMIT FOR A DETACHED ACCESSORY STRUCTURE
OF ONE STORY AND APPROXIMATELY 1825 SQUARE FEET
FOR THE PURPOSES OF A GARAGE, WORK SHOP AND STORAGE AREA
FOR PROPERTY BEING PARCEL 4 OF PARCEL MAP 1624,
BEING A PORTION OF BLOCK 7, COLONY OLIVENHAIN, MAP 326
FOR APPLICATION 89-046-MINOR USE PERMIT
(COMMONLY KNOWN AS 4350 MANCHESTER AVENUE, ENCINITAS, CA)
WHEREAS, Richard E. Perry applied for a Minor Use permit to
allow
detached
structure
to
be
story
and
a
accessory
one
approximately 1825 square feet, and to be used for the purpose of
a garage, work shop and storage area at 4350 Manchester Avenue as
required by sections 30.16.010, A & F,
30.48.040, B, and section
30.74.070 Minor Use Permits, of the Municipal Code of the city of
Encinitas;
WHEREAS, a public hearing was conducted on the application
by the Olivenhain Community Advisory Board
on June 20, August 22,
and September 19, 1989, and 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 reports (89-046-MIN) dated June 7 and August
14,1989, which are on file in the Department of Planning
and Community Development; and
Additional written documentation.
b.
c.
d.
e.
LN/CAB11e-105wp
.
.
.
CASE NO.
NOW THEREFORE, BE IT RESOLVED by the Olivenhain Community
Advisory Board of the City of Encinitas that the Minor Use permit
is hereby DENIED with a 2 to 2 vote subj ect to the following
findings:
A. The location, size design or operating characteristics of
the proposed project will be incompatible with adjacent uses,
residences, buildings, structures or natural resources, with
consideration given to, but not limited to:
(1)
The suitability of the site for the type and intensity
of use or development which is proposed, since the
project is proposed at 1825 square feet exterior
dimension, and is approximately the size of other
existing single family homes in the neighborhood rather
than accessory structures; and
(2)
The harmful effect of the noise generated from the
worksop on adjacent single family residential properites
and upon environmental quality and natural resources of
the City, since the use is located in close proximity of
the Escondido Creek and no evidence has been submitted
that would clearly show there would be no effects on the
environment from the noise generated from the proposed
garage, workshop and storage use; and
B. The impacts of the proposed project will adversely affect
the policies of the existing Encinitas General Plan or the
provisions of this Code, since it is proposed to be
constructed at a size comparable to existing single family
residences rather then accessory buildings in the
neighborhood, and no evidence has been submitted to verify
that the operting characteristics of the workshop will not
adversely affect the single family neighborhood.
BE IT FURTHER RESOLVED that the Minor Use Permit is hereby
DENIED.
LN/CAB11e-105wp
.
.
.
CASE NO.
PASSED AND ADOPTED this 19th day of September, 1989, by the
following vote, to wit:
Ayes: Boardmembers Perkins and DuVivier
Nays: Boardmembers Stumpf and Trujillo
Absent: Boardmember Johnson
Abstain: None
JOSEPH STUMPF, Chairman of the
Olivenhain Community
Advisory Board
ATTEST:
LINDA S. NILES,
Associate Planner
LN/CAB11e-105wp