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1990-23 . 8 8 RESOLUTION NO. OL 90-023 A RESOLUTION OF THE OLIVENHAIN COMMUNITY ADVISORY BOARD APPROVING A VARIANCE FROM CHAPTER 30.78 VARIANCES, AND SECTION 30.16.010 RESIDENTIAL ZONES, OF THE ZONING ORDINANCE PROPERTY BEING LOCATED AT 2436 LONE JACK ROAD WHEREAS, James Kahlert, applied for a Variance from Chapter 30.78 Variances, and Section 30.16.010 Residential Zones of the City of Encini tas Zening Ordinance to allow an existing fence height to exceed the allowed 4' height limit in the exterior side yard setback by 2' for a total of 6' in height, located at 2436 Lene Jack Road; and WHEREAS, a public hearing was conducted on the application 90-168-V on September 4, 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. b. site plan submitted by the applicant dated July 5,1990; 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 (90-168-V) dated August 29, 1990 which is en file in the Department of Planning and Community Development; and Additional written documentation. c. d. e. NOW, THEREFORE, BE IT RESOLVED by the Olivenhain Community Advisory Board of the City of Encinitas that: A. A variance from the terms of the zoning ordinances shall be granted only when, because of the special circumstances applicable te the property, including size, shape, topography, lecation or surroundings, the strict application of the zoning ordinance deprives such LN/CAB22/240wp (10-15-90) 8 property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Evidence to Consider: The .50 acre lot is standard for the area. Due to the location of the house on the site, and the location directly adjacent to a heavily traveled roadway, the noise and visual effects on the residence are greater than they might be on a standard .5 acre let elsewhere in the same zone. The request for an additional two feet of fence height is to help mitigate the visual, afford some privacy, and soften the noise levels to some degree. A neise study has net been submitted, and an adequate noise attenuation wall is net being proposed. He does feel, however, that there will be some noticeable difference, and staff agrees. It appears that the proposed design is not detrimental to the surrounding area and does not interfere with sight distances along the roadway. No comments have been received from the neighboring property owners in opposition to the fence. Staff would recommend that the CAB discuss whether there is a need for additional planting outside of the fence. 8 In conclusion, because of the location of the site adjacent to a heavily traveled roadway, staff feels that there are special circumstances which do deprive the subject site of privileges enjoyed by other property in the vicinity and under identical zoning classification that may not be located on a major roadways, and would provide a buffer from the visual effects and the noise of the traffic te a greater degree. 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 to Consider: The granting of this variance would not constitute the granting of special privileges inconsistent with limitations upon other properties in the vicinity and zone in which the property is located because a substantial body of evidence has been submitted showing that there are a considerable number of 6' high or taller fences and walls located in this area along Rancho Santa 8 LN/CAB22/240wp (10-15-90) 8 C. D. . Fe Road, E street, and Lone Jack Road. 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 to Consider: The granting of this variance would not authorize a use or activity not expressly authorized by the zoning regulations governing this property since the use is 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: 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 to Consider: 2. 1. The fence is needed in its present location along the exterior side of the property. In order to locate the fence outside the setback so as not to need a variance, it would put the fence considerable closer to the dwelling, and would require removal of dense existing landscaping inside the property. The fence in its present location allows more fexibility in the yard area and serves the purposes mentioned above. The need for the variance is not self-induced since the roadway has existed in its present location as a heavily traveled east/west connection, and the lot was created prior to the applicant's purchase of the lot. 8 LN/CAB22/240wp (10-15-90) 8 . 8 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 application for Variance for 90- 168-V is hereby APPROVED with the following conditions: 1. Fire Department: Prior to approval of the variance the applicant shall submit a letter from the fire district stating that all project review fees have been paid. 2. The fence shall not be located within three feet of any existing fire hydrant. 3. The location of the fence shall not block the view .of a vehicle exiting E street. PASSED AND ADOPTED this 4th day of September, 1990, by the following vote, to wit: AYES: Beardmembers Duvivier, Trujillo, Perkins, and Johnson NAYS: None ABSENT: Boardmember Wiegand ABSTAIN: " Nene CHUCK DU VIVIER, Chairman of the Olivenhain Community Advisory Board LN/CAB22/240wp (10-15-90)