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1990-20 . . . RESOLUTION NO. OL-90-20 A RESOLUTION OF THE OLIVENHAIN COMMUNITY ADVISORY BOARD APPROVING A VARIANCE FROM SECTION 30.16.010, A. 7 OF THE ZONING ORDINANCE FOR PROPERTY LOCATED ON BROOKSIDE LANE COMMONLY KNOW AS LOT 9 OF MAP 12338, IN THE BROOKSIDE SUBDIVISION (CASE NO. 90-133-V, PACIFIC SCENE) WHEREAS, Pacific Scene, applied for a Variance from section 30.16.010, A. 7 (front, yard setback) of the Zoning Ordinance, as required by Chapter 30.78 Variances, to allow a single family dwelling unit to encroach into the required 30 foot front yard setback by 17' at one corner of the structure, as shown on the plans dated received by the City of Encinitas on May 24, 1990, for property located on Brookside Lane, and as described as Lot 9 of the Brookside Subdivision, Map 12338; and WHEREAS, a public hearing was conducted on the application 90-133-V on August 7, 1990 by the Olivenhain Community Advisory Board, at which time all persons desiring to be heard were heard; and WHEREAS, evidence was submitted and considered to include without limitation: a. site plan dated received by the City of Encinitas on June 24, 1990; 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 (90-133-V) dated August 1, 1990 which is on file in the Department of Planning and Community Development; and Additional written documentation. b. c. d. e. LN/CABI9-232wp . . . NOW, THEREFORE, BE IT RESOLVED by the Olivenhain Community Advisory Board of the City of Encinitas that the Variance for 90- 133-V 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 lot is of unusual shape, topography and location being adjacent to a drainage and flowage easement which is located on the western third of the lot, and also being located on the knuckle of the street. The grading, site design and structure placement was designed and approved under the previous setback standards enforced by the City of Encinitas. The existing graded pad area for the house was located so as to be of an appropriate distance from the drainage area, and dictates that the structure be placed in a north/south direction on the lot. In order to preserve some backyard area, the variance is being requested. If the new setback were to be required, the rear wall of the house would be located directly on the existing graded pad fill slope. Since the project was designed under the previous standards, and so as to be of the least impact and furthest distance from the drainage easement, the strict enforcement of the new setback standards would deny the property of the privileges enjoyed by the adjacent lots in the same subdivision and zone. Those privileges were the allowance to develop under the previous setback standards, which all lots were designed and graded in conformance with. Other lots did not have as limited a pad area which substantially reduces the options for placement of the structure on lot 9. 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. LN/CABI9-232wp . . . Evidence: The other lots existing and presently under construction on Brookside Lane were allowed to develop as approved with the previous setback standards. Lot 9 is not yet in the construction stage and therefore, is required to construct to the new setbacks unless a variance is granted, whereas the other lots have been allowed to develop as approved to the previous setback standards. The request for variance being applied for at this time would allow the applicant the privilege of developing his lot consistent with the other properties in the area and same zone in regards to single family development of approximately the same bulk and mass as other development on Brookside Lane. 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: Single family residential development as proposed on the site is allowed in the RR zone. 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 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. LN/CABI9-232wp . . . Evidence: The Variance Request is reasonable to allow development of the site to be in parity with the development of properties in the neighboring vicinity and same zone. An alternate design would be available, however it would be less desireable to the site because the house would either need to be reduced in size and footprint, or be moved further back on the lot allowing for no back yard. The request does not constitute a rezoning, nuisance, nor is it self-induced since the lot was created prior to purchase by the applicant and the City of Encinitas adopted the new Zoning Code standards requiring the 30' front yard setback after creation of the lot and approval of the grading and site design. BE IT ALSO RESOLVED THAT the variance is approved subject to the following conditions: 1. This approval will expire on August 7,1991, at 5:00 p.m. unless the conditions have been met or an extension has been approved by the Authorized Agency. 2. This approval may be appealed to the authorized agent within 15 days from the date of this approval. 3. The Variance is approved as submitted on the site plan dated received by the City of Encinitas on June 24, 1990 and on file in the office of Planning and Community Development and any changes to the plan shall be reviewed and approved by the Community Advisory Board. 4. Fire - Prior to final occupancy approval, the applicant shall submit 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 District. 5. Enqineering - Requirements stand as required on the Resolution of approval for the originally approved project, 88-265-DR Pacific Scene, Resolution of approval OL-89-006. LN/CABI9-232wp . . . PASSED AND ADOPTED this 7th day of August, 1990 by the following vote, to wit: AYES: ~o t-fÑSoÑ J IN I E6A,JO J lÀA \I, ", tR- Boardmembers NAYS: No~E ~ .J) u.. 0 J ~ fl-tc. t ,J <; NoNE ABSENT: ABSTAIN: CHUCK DU VIVIER, Chairman of the Olivenhain Community Advisory Board ATTEST: LINDA S. NILES Associate Planner LN/CABI9-232wp