1989-09
RESOLUTION NO. OE89-09
A RESOLUTION OF THE OLD BNCINITAS COMMUNITY ADVISORY BOARD,
CITY OF ENCINITAS, APPROVING A VARIANCE TO ALLOW A
PROPOSED ADDITION TO AN BXISTING SINGLE FAMILY RESIDBNCE
TO ENCROACH 5 FEET INTO A REQUIRED 10 FOOT INTERIOR SIDE YARD
SETBACK LOCATED AT 755 REGAL ROAD .
(CASE NUMBER 89-038 V)
WHEREAS, a request for consideration of a Variance was filed
by Patrick Hanlon to allow a proposed addition to an existing
single family residence to encroach 5 feet into a required 10 foot
interior side yard as per Chapter 30.78 of the City of Encinitas
Municipal Code, for the property located at 755 Regal Road, legally
described as;
A portion of the Northwest Quarter of the Southwest
Quarter of section 13, Township 13 South, Range 4 West,
San Bernardino Base and Meridian, in the County of San
Diego, State of California, according to united States
Government Survey.
WHEREAS, a public hearing was conducted on the application on
April 6, 1989, and
WHEREAS, the Community Advisory Board considered:
1.
The staff report dated March 29, 1989;
2.
The application and plans submitted by the applicant;
3.
Oral evidence submitted at the hearing;
4.
written
evidence
and
an
additional
site
plan
of
properties submitted at the hearing; and
WHEREAS, the Old Encinitas Community Advisory Board made the
following findings pursuant to Chapter 30.78:
SEE ATTACHMENT "A"
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NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community
Advisory Board of the City of Encinitas that Variance application
89-038V is hereby approved subject to the following conditions:
SEE ATTACHMENT "B"
BE IT FURTHER RESOLVED by the Old Encini tas community Advisory
Board of the City of Encinitas that:
( 1)
This project was found to be exempt
environmental review, section 15305(a).
from
PASSED AND ADOPTED this 6th day of April,
1989,
by the
following vote, to wit:
AYES:
Kauflin, Rotsheck, Tobias, steyaert, Birnbaum
NAYS:
None
ABSENT:
None
ABSTAIN:
None
1/ ¿-C;;- c;. r;¿ ~
Peter Tobias, Chairman
of the Old Encinitas
Community Advisory Board
ATTEST:
" -----
~ ¿/
/ ./' ~ ~/---1'
Tom Curriden
Assistant Planner
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B.
C.
ATTACHMENT "A"
OLD BNCIBITAS
COMMUNITY ADVISORY BOARD
RESOLUTION NO. OB89-09
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 enjoyed by
other property in the vicinity and under identical zoning
classification.
Evidence to Consider: The "privilege enjoyed by other
property" in the same vicinity and zone is the ability to
encroach within the side yard setback. Of the lots to the
immediate south and east in the same R3 zone, most are shown
as having at least one side yard setback of less than 10 ft.
on the two assessor's maps comprising the first two pages of
the submitted plans. Most importantly, the duplex adjacent
to the south is only 5 ft. from the north property line.
Continuing south along Regal to Melba, 6 structures on 8 lots
encroach within the 10 ft. setback in at least one side yard,
as is shown on the second page of the attached plans.
The following two special circumstances applicable to this
property:
The property is in closer proximity to noise sources than
is usually the case, such that the encroaching structure
is necessary to create a quieter private area in the rear
yard such as that typically enjoyed by other homes; and
The steep embankment on the north half of the lot
effectively precludes any addition in that area.
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: Since the majority of the nearby
properties have already been developed, most with a least one
setback of less than 10 ft. presently required under code, to
allow the applicant a similar encroachment in the south side
yard setback does not constitute a grant of special privilege.
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 regulations governing the parcel of
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property. The provisions of this section shall not apply to
conditional use permits.
Bvidence to Consider: Use of the property for a single family
residence is authorized by the Zoning Ordinance.
No variance shall be granted if the inability to enjoy the
privilege enjoyed by other property in the vicinity and under
identical zoning classification:
D.
1.
2.
3.
4.
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;
Is self-induced as a result of an action taken by the
property owner of the owner's predecessor;
Would allow such a degree of variation as to constitute
a rezoning or other amendment to the zoning code; or
Would authorize or legalize the maintenance
private or public nuisance.
of any
Bvidence to Consider:
(3)
(1)
An addition of this size constitutes a reasonable use of
the property, given the smallness of the existing home
relative to the site. No alternative development plan
has been identified which would result in any less
significant impact to site or adjoining properties.
(2)
The "inability to enjoy the privilege enjoyed by other
property" as defined under finding "A" is largely the
result of the vicinity being developed prior to or under
different setback regulations, not the direct result of
an action taken by the present or preceding property
owners.
and (4) No evidence has been submitted to suggest that
such a variance would either legalize any nuisance or be
of a degree so as to constitute rezoning or zone code
amendment.
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Attachment "B"
RESOLUTION NO. OE89-09
STANDARD CONDITIONS OF APPROVAL
Subject:
Applicant:
variance Conditions
Hanlon
755 Regal Road
89-038 V
Location:
1.
CITY OF EHCINITAS
Case No.:
H.
GENERAL CONDITIONS
A.
This approval will expire on April 6, 1991, two years
after the approval of this project unless the conditions
have been met or an extension has been approved by the
Authorized Agency.
B.
This approval may be appealed to the authorized 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 Department shall cause
a noticed hearing to be sent before the authorized agency
to determine why the City of Encinitas should not revoke
this permit;
C.
D.
Nothing in this permit shall relieve the applicant from
complying with the conditions and regulations generally
imposed upon activities similarly in nature to the
activity authorized by this permit;
E.
Nothing in this permit shall authorize the applicant
to intensify the authorized activity beyond that which
is specifically described in this permit; and
F.
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.
G.
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.
Permits from other agencies will be required as follows:
Coastal Commission
I.
Project is approved as submitted/modified and shall not
be altered without Old Encinitas Community Advisory Board
review and approval.
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2.
3.
4.
APPLICANT SHALL CONTACT THB DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT REGARDING COMPLIANCB WITH THB FOLLOWING
CONDITIONS:
SITB DEVELOPMENT
J.
site shall be developed in accordance with the approved
site plans on file in the Community Development
Department and the conditions contained herein.
K.
Any change to the natural drainage or concentration of
drainage shall be adequately handled and shall not impact
adjacent properties.
STREBTS AND SIDEWALKS
L.
An Irrevocable Offer of Dedication (1.0. D.) shall be made
for 10 feet along Regal Road adjacent to the property for
public right-of-way purposes.
Regal Road is classified as a local street requiring a
60 foot right-of-way or 30 feet from the official
centerline of such street.
M.
Developer shall execute and record covenant with the
County Recorder agreeing not to oppose the formation of
an assessment district to fund the installation of right-
of-way improvements.
DRAINAGB AND FLOOD CONTROL
N.
Portland cement concrete cross gutters shall be installed
where water crosses the roadways.
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