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1990-03 8 8 8 RESOLUTION NO. OL-90-03 A RESOLUTION OF THE OLIVENHAIN COMMUNITY ADVISORY BOARD APPROVING A VARIANCE FROM SECTION 30.16.010 OF THE ZONING ORDINANCE FOR PROPERTY COMMONLY KNOWN AS 2535 MEADOWMIST LANE CITY OF ENCINITAS WHEREAS, Brian and Nancy Driscoll, applied for a Variance from Section 30.16.010 of the Zoning Ordinance as required by Chapter 30.78 Variances, to allow a tennis court fence height to exceed the required 6' height limit in the rear yard setback by 4' for a total height of 10', for property located at 2535 Meadowmist Lane, Encinitas; and WHEREAS, a public hearing was conducted on the application 89-235-V on February 6, 1990 by the Olivenhain community Advisory Board, at which time all persons desiring to be heard were heard; and WHEREAS, evidence submitted and considered to include was 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 (89-235-V) dated January 30, 1990, which is on file in the Department of Planning and Community Development; and Additional written documentation. b. c. d. e. LN/CAB13-178wp5 8 8 8 NOW, THEREFORE, BE IT RESOLVED by the Olivenhain Community Advisory Board of the City of Encinitas that the Variance for 89- 235-V for variance to allow a tennis court fence height to exceed the required 6' height limit in the rear yard setback by 4' for a total height of 10', is hereby approved subject to the following findings: A. A Variance from the terms of the zoning ordinances 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. Evidence - The applicant's property is not physically special in contrast to some of the existing lots in the vicinity, since the existing lot is of standard size for the area and there is adequate room to construct the tennis court fence outside the setback areas. 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. Evidence - Other properties in the vicinity have tennis courts, fences and other accessory structures located in the setback areas, although the City of Encini tas has not authorized any other variances in the area to date. 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. The provisions of this section shall not apply to conditional use permits. Evidence: The granting of this variance would not authorize a use or activity not expressly authorized by the zoning LN/CAB13-178wp5 8 regulations governing this property since the use will be a single family dwelling which is consistent with the zone. No variance shall be granted if the inability to enjoy the privilege enjoyed by other property in the vicinity and under identical zoning classification: D. 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. Evidence: 8 8 LN/CAB13-178wp5 1. The proposed addition will be visible from the westerly property, however, it would be well screened from the east and south properties. The proposed design would be a lesser impact on the existing house and more usable, and possibly less of an impact to the surrounding properties. The Board needs to visit the site to determine whether there might be a design that could be used to accomplish a less significant impact to the site and the adj acent properties, or whether the proposed design is the least significant impact. The proposed location will be at a grade 10' lower than the grade of the property to the west. If it were moved further north on the property it would not be as low and would be more visible to the adjacent property. In the proposed location the court will be less visible because of the difference in grade between the proposed location and the adjoining outdoor area of the westerly lot. It appears that an alternate location could be found for the tennis court that may not require a variance, however, it appears to be a less desireable location alternative due to its 8 visibility and the impact on the adjacent property to the west. 2. The need for the variance is self-induced because the tennis court could be located outside the setback, however, the design of the proposed development for the ultimate use of the lot would need to be revised. 3. The granting of the variance would only permit a single family home as currently allowed and would not, therefore, constitute a rezoning. 4. There are currently no private or public nuisances on the site which the zoning would legalize or authorize. BE IT ALSO RESOLVED THAT the variance is approved subject to the following conditions: 8 8 1. Lighting is prohibited in accordance with Ordinance 89- 37 which states that "Outdoor tennnis court lighting is prohibited" in Olivenhain. 2. Prior to issuance of a building permit the applicant shall submit a letter from the Fire District stating that all plan review fees have been paid. 3. A building permit is required for all fences over 6' in height. 4. The landscape plan is approved as submitted on the plans dated August 23, 1989 and any changes to the plan shall be reviewed by the Community Advisory Board. A covenant shall be recorded in the office of the County Recorder agreeing to plant the landscape plan as referenced above, and to maintain and replace the landscaping if necessary in accordance with the approved plan. The purpose of the approved landscape plan is to shield the presence of the tennis court by the planting of vegetation which will be at a mature state in 3 years time along the east, west, and south perimeter lines of the property. New landscaping and changes to the existing vegetation is permitted along the north perimeter and within the interior portions of the lot without CAB approval, since that landscaping is not associated with the screening of the tennis court. LN/CAB13-178wp5 . . 8 The project is approved as setforth on the plans dated August 23, 1989 and any changes to the plan shall be reviewed by the Community Advisory Board. 5. PASSED AND ADOPTED this 20th day of February, 1990 by the following vote, to wit: AYES: Boardmembers DuVivier, Perkins, Johnson, & Wiegand NAYS: None - () \ 1(" ABSENT: Boardmember Trujillo ABSTAIN: None ATTEST: ~ LI DA S. NILES Associate Planne LN/CAB13-178wp5 YlΠC~\ ~lR- CHUCK DU VIVIER, Vice-Chairman of the Olivenhain community Advisory Board