1990-20
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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.
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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.
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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.
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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.
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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