1989-06
RESOLUTION NO. OE89-06
A RESOLUTION OF THE OLD ENCINITAS
COMMUNITY ADVISORY BOARD, CITY OF ENCINITAS,
APPROVING A VARIANCE AND DESIGN REVIEW PERMIT
TO ALLOW CONSTRUCTION OF A WALL AND GATE UP TO
8 FT. IN HEIGHT FOR A SINGLE FAMILY RESIDENCE LOCATED
AT 110 FIFTH STREET
(CASE NO. 88-315V)
WHEREAS, a request for consideration of a Variance and Design
Review permit to allow construction of a wall and gate up to 8 ft.
in height for a single family residence located at 110 Fifth Street
was filed by Thomas Ruben as per Chapters 30.78 and 23.08 of the
City of Encinitas Municipal Code, legally described as;
Lot 2, Lot 15, Lot 14 and the Westerly 20.00 feet of Lot 3,
Block 46 of Pitcher's Subdivision of Encinitas townsite, in
the City of Encinitas, in the County of San Diego State of
California, according to Map thereof No. 187 filed in the
office of the County Recorder of San Diego County, April 4,
1887, together with the Alley lying between said Lots 3 and
14 and between Lot 2 and 15.
WHEREAS, a public hearing was conducted on the application on
December 8, 1988 and March 9, 1989; and
WHEREAS, the Community Advisory Board considered:
1.
The staff report dated November 29, 1988;
2.
The application and revised plans dated January 26, 1989
and January 27, 1989;
3.
Oral evidence submitted at the hearing;
4.
Written
evidence
and
additional
photographs
of
surrounding properties submitted at the hearing; and
WHEREAS, the Old Encinitas Community Advisory Board made the
following findings pursuant to Chapters 30.78 and 23.08 of the
TC/04/CRO2-255wp51(3-13-89-1)
Municipal Code:
SEE ATTACHMENT "A"
NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community
Advisory Board of the City of Encinitas that Variance and Design
Review application 88-315V is hereby approved subject to the
following conditions:
SEE ATTACHMENT "B"
BE IT FURTHER RESOLVED by the Old Encinitas Community Advisory
Board of the City of Encinitas that:
(1)
This project was found to be exempt from environmental review,
section 15305(a).
PASSED AND ADOPTED this 9th day of March,
1989,
by the
following vote, to wit:
AYES:
Birnbaum, Kauflin, Steyaert, Rotsheck
NAYS:
Tobias
ABSENT:
None
ABSTAIN:
None
/7 .e~~ ~
~
Peter Tobias, Chairman
of the Old Encinitas
Community Advisory Board
ATTEST:
-~-- ~
Tom Curriden
Assistant Planner
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B.
C.
ATTACHMENT "A"
OLD ENCINITAS COMMUNITY ADVISORY BOARD
RESOLUTION NO. OE89-06
Findings for a Variance
(Section 30.78.030 Municipal Code)
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 enj oyed by
other property in the vicinity and under identical zoning
classification.
Evidence to Consider:
The Board determined that since nearly all of the properties
on the same block enjoy fences and walls at or near 8 ft. in
height, strict application of the Zoning Ordinance limitation
of 42 inches in height within the front yard setback would
deprive the applicant of such privilege enjoyed by other
properties in the same vicinity and zone.
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 properties in the same vicinity (block) already have
similar walls/fences. Properties across the street to the
east are in a different zone and do not have any walls/fences
of a similar height. Therefore, no grant of special privilege
is involved.
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 use of the property as single family residential
expressly allowed by the zoning regulations.
is
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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;
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 constitute
a rezoning or other amendment to the zoning code; or
4.
Would authorize or legalize
private or public nuisance.
the maintenance
of
any
Evidence to Consider:
As noted under finding "A", the need for Variance is created
by the presence of other such walls on the same block, a
condition which was not induced by the property owner or the
owner's predecessor. The privilege sought is to replicate
those walls at the same setback from street, which is not
avoidable by an alternate development plan. The degree of
variation is minor and will not constitute an amendment to the
Zoning Code, and no evidence of public or private nuisance is
present.
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Findings For Design Review
(Section 23.08.076 Municipal Code)
23.08.072 Requlatorv Conclusions - Generallv.
A. The project design is inconsistent with the General
Plan, a Specific Plan or the provisions of this Code.
Evidence to Consider:
Subject to the concurrent variance approval, no provisions of
the General Plan or Zoning Code have been identified with
which this proposal is inconsistent.
B. The project design is substantially inconsistent with
the Design Review Guidelines.
Evidence to Consider:
Subject to the attached conditions of approval relating to
transitions in height to match adjacent properties, the Board
found that the design of the fence was appropriate and
consistent in design with those of the adjoining areas and is
substantially consistent with the City's Design Review
Guidelines.
C. The proj ect would adversely affect the health, safety
or general welfare of the community.
Evidence to Consider:
No aspect of the proj ect has been identified which would
adversely affect the health, safety, or general welfare of the
community.
D. The proj ect would tend to cause the surrounding
neighborhood to depreciate materially in appearance or value.
Evidence to Consider:
The design of the wall is consistent and complimentary with
those of the adjoining properties, and thus will result in no
material depreciation to the appearance and value of the
neighborhood.
TC/04/CRO2-255wp55(3-13-89-1)
I.
II.
C.
D.
E.
F.
OLD ENCINITAS COMMUNITY ADVISORY BOARD
RESOLUTION NO. OE-06
ATTACHMENT "B"
SPECIFIC CONDITIONS
1.
Prior to issuance of building permits, the applicant
shall furnish revised elevation of the northerly portion
of the wall, between the "gate motor" depicted on the
plans dated January 27, 1989 and the point of connection
with the adjacent property to the north, indicating a
transition down to the 42 inch height of the fencing of
the adjacent property to the north. Said design shall
be found satisfactory by the Community Development
Department as consistent with the Communi ty Advisory
Board action.
STANDARD CONDITIONS
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS (ITEMS A THROUGH L):
GENERAL CONDITIONS
A.
This approval will expire on March 9, 1990, after the
approval of this project unless the conditions have been
met or an extension has been approved by the authorized
agency (agent).
B.
This approval may be appealed to the authorized agency
(agent) within 10 days from the date of this approval.
In the event that any of the conditions of this permit
are not satisfied, the Planning and Community Development
Department shall cause a noticed hearing to be sent
before the authorized agency (agent) to determine why the
City of Encinitas should not revoke this permit.
Approval of this request shall not waive compliance with
any sections of the Zoning Development Code and all other
applicable City Ordinances in effect at the time of
Building Permit issuance.
The applicant shall comply with the latest adopted
Uniform Building Code, Uniform Mechanical Code, Uniform
Plumbing Code, National Electric Code, Uniform Fire Code,
and all other applicable codes and ordinances in effect
at the time of building permit issuance.
This approval shall become null and void if building
permits are not issued for this project within one year
from the date of project approval.
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G.
Permits or findings of exemption shall be obtained from
other agencies as follows:
a.
Coastal Commission
H.
The application is approved as submitted/modified and
shall not be altered without authorized agency (agent)
review and approval.
SITE DEVELOPMENT
I.
The site shall be developed in accordance with the
approved site plans on file in the Planning and Community
Development Department and the conditions contained
herein.
J.
Revised (if applicable) site plans and elevations
incorporating all conditions of approval or required
modifications shall be submitted to and found
satisfactory by the Planning and Community Development
Department prior to issuance of building permits or any
other applicable approvals.
K.
Any change to the natural drainage or concentration of
drainage shall be adequately handled and shall not impact
adjacent properties.
LANDSCAPING
L.
A detailed landscape and irrigation plan consistent with
the Community Advisory Board approval shall be submitted
to and approved by the authorized agency (agent) prior
to the issuance of building permits.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS (ITEMS M):
., VF;1 ~¿
Wa-\VRq r^s--z;11 /;~
M. The structure on site shall be fully sprinklered per
Encinitas Fire Protection District standarPf. . ~~
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTM~~ING
COMPLIANCE WITH THE FOLLOWING CONDITIONS: (ITEM N):
FIRE
N.
STREETS AND SIDEWALKS
o.
Developer shall execute and record a covenant with the
County Recorder agreeing not to oppose the formation of
an assessment district to fund the installation of right-
of-way improvements.
An Irrevocable Offer of Dedication (I.O.D.) shall be made
for 10 feet along Fifth street adjacent to the property
for public right-of-way purposes.
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Fifth street is classified as a Local street requiring
a 30 foot right-of-way or 60 feet from the official
centerline of such street.
TC/04/CRO2-255wp58(3-13-89-1)