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1991-13 . . . RESOLUTION NO. OL-91-013 A RESOLUTION OF THE OLIVENHAIN COMMUNITY ADVISORY BOARD DENYING A VARIANCE TO ALLOW THE REQUIRED 10' SIDE YARD SETBACKS FOR AN EXISTING LEGAL NON-CONFORMING LOT SIZE PROPERTY IN THE RR-2 ZONE TO BE REDUCED TO 5' ON BOTH SIDES FOR PROPERTY BEING LOT 68, BLOCK 42, COLONY OF OLIVENHAIN, CITY OF ENCINITAS, COUNTY OF SAN DIEGO, ACCORDING TO MAP THEREOF NO. 287, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON AUGUST 21, 1885, COMMONLY KNOWN AS 563 RANCHO SANTA FE ROAD (CASE NO. 91-084-V; PATRICIA A. ROSKOWSKI) WHEREAS, Patricia A. Roskowski, applied for a Variance to allow the required 10' side yard setbacks for an existing legal non-conforming lot size property in the RR-2 zone to be reduced to 5' on both sides, for the purpose of constructing a single family dwelling unit of approximately 20' in width, as required by Chapter 30.78 Variances, of the City of Encinitas Zoning Ordinance; WHEREAS, a public hearing was conducted on the application by the Olivenhain Community Advisory Board on August 6, 1991, and all persons desiring to be heard were heard; and WHEREAS, evidence was submitted and considered to include without limitation: a. Site plans, floor plans, and elevations dated May 2, and May 1, 1991 respectively and received by the City of Encinitas on May 10, 1991, which were 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; b. c. LN/43-338wp (7/31/91) 4 . . . d. CAB staff report (91-084-V) dated July 31, 1991 which is on file in the Department of Planning and Community Development; and Additional written documentation. e. NOW THEREFORE, BE IT RESOLVED by the Olivenhain Community Advisory Board of the City of Encinitas that the Variance is hereby DENIED subject to the following findings: A. 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: All findings cannot be made to grant the variance since there is an alternate development plan available that would not need the variance, that being the construction of a 10' wide house; and the variance was self-induced because the applicant and her brother originally purchased two lots and subsequently deeded one lot to each of themselves. These two adjacent lots could have been merged in order to allow for the construction of a standard size dwelling for the RR-2 zone since there would be at leat 8400 sq. ft. of lot area rather than the 4200 sq. ft. in each single lot. LN/43-338wp (7/31/91) 5 . . . PASSED AND ADOPTED this following vote, to wit: Ayes: 6th day of August, 1991, Boardmembers Perkins, Post, and Schafer Nays: None Absent: Boardmembers Du Vivier and Van Slyke Abstain: None ATTEST: LN/43-338wp (7/31/91) 6 by the of the