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1989-13 RESOLUTION NO. OE89-13 A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD CITY OF ENCINITAS, APPROVING A VARIANCE TO ALLOW A PROPOSED 2 CAR GARAGE TO ENCROACH WITHIN REAR AND EXTERIOR SIDE YARD SETBACKS LOCATED AT 845 NARDO ROAD (CASE NUMBER 89-100V) WHEREAS, a request for consideration of a variance was filed by James D. Connforti to allow a variance for a two car garage to encroach to within rear and exterior side yard setbacks to within 3 feet of the rear lot line and within 2 feet of the easement road near the south property line as per Chapter 30.78 of the City of Encinitas Municipal/Zoning Codes, for the property located at 845 Nardo Road, legally described as; A portion of the Northwest quarter of the southwest quarter of the northeast quarter of the southeast quarter of Section 15, Township 13 south, Range 4 west, San Bernardino Meridian, in the County of San Diego, State of California, according to the Official Plat; and WHEREAS, a public hearing was conducted on the application on June 29, 1989, and WHEREAS, the Community Advisory Board considered: 1. The staff report dated June 14, 1989. 2. The application and plans dated March 30, 1989 submitted by the applicant; 3. Oral evidence submitted at the hearing; 4. Written evidence submitted and additional plans submitted at the hearing; and WHEREAS, the Old Encinitas Community Advisory Board made the following findings pursuant to Chapter 30.78 of the Municipal Code: TC/07/CR06-325wp5/(7-6-89)-2 SEE ATTACHMENT "A" NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community Advisory Board of the City of Encinitas that the Variance application 89-100V 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 29th day of June, 1989, by the following vote, to wit: AYES: Rotsheck, Birnbaum, Kauflin NAYS: None ABSENT: Tobias, steyaert ABSTAIN: None Peb~ Ib~' Peter Tobias, Chairman of the Old Encinitas Community Advisory Board ATTEST: ------~~ /~ ,.,~- Tom Curridan ~ Associate Planner TCj07jCRO6-325wp5/(7-6-89)-2 A. ATTACHMENT "A" OLD ENCINITAS COMMUNITY ADVISORY BOARD RESOLUTION NO. OE89-13 Findings for a Variance (Section 30.78.030 Municipal Code) 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 vicinity" is the ability to have off street parking in the form of an enclosed two-car garage. A visual survey of the surrounding areas does reveal that the clear majority of homes in the area do have garages. strict application of the Zoning Ordinance would deny such a garage, unless located in a greatly inferior location (see finding "D") or at least partial demolition of the existing residence is required. 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: since few properties in the area (if any) have an easement road located on the property in a similar location relative to existing structures, the variance is requested to achieve parity with other properties in light of the unusual circumstance, not secure a special privilege unavailable to those other properties under present zoning regulations. 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 to Consider: Use of the property for a single family resident is expressly allowed. TC/07/CR06-325wp5/(7-6-89)-2 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. 2. 1. Could be avoided by an alternate development plan which is of less significant impact to the site and adjacent properties than the project requiring the variance; 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. maintenance any of the Evidence to Consider: 1. An al ternati ve development strategy is available to construct a two car garage outside of the setbacks, namely, in the front yard area. However, such a strategy would result in qreater impacts, since it would entail removal of existing mature landscaping and impairment of views from the front bedrooms, living room, or dining room of the house. 2. The existing older home and easement road in all likelihood predate subsequent zoning regulations which do not allow for a garage as proposed. No evidence has been identified to suggest that any action was taken by the present owners or their predecessors which created a need to secure a variance for a garage. 3. Due to the special circumstances cited and the limited scope of the proposed variance, the variation would not in effect constitute a rezoning or other amendment to the Zoning Code. 4. No public or private nuisance variance request. at issue with this is TC/07/CR06-325wp5/(7-6-89)-2 I. OLD ENCINITAS COMMUNITY ADVISORY BOARD RESOLUTION NO. OE89-13 ATTACHMENT "B" SPECIFIC CONDITIONS 1. The proposed garage shall be located no closer than 2 feet from the easement road it fronts on, allowing for a minimum 22 feet turning radius to access said garage. II. STANDARD CONDITIONS APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS (ITEMS 2 THROUGH 16): GENERAL CONDITIONS 2. This approval will expire on June 29, 1989, two years after the approval of this project unless the conditions have been met or an extension has been approved by the authorized agency (agent). 3. This approval may be appealed to the authorized agency (agent) within 10 days from the date of this approval. 4. 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. 5. Upon a showing of compelling public necessity demonstrated at a noticed hearing, the City of Encinitas, acting through the authorized agency (agent), may add, amend, or delete conditions and regulations contained in this permit. 6. Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that which is specifically described in this permit. 7. 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. 8. 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. TC/07/CR06-325wp5/(7-6-89)-2 CASE NUMBER: 89-100V Page 1 of 3 9. 10. 11. Permits or findings of exemption shall be obtained from other agencies as follows: a. Coastal Commission The application is approved as submitted/modified and shall not be altered without authorized agency (agent) review and approval. For new residential dwelling unit(s), the applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, School Fees, Water and Sewer Service Fees, Traffic Fees, Drainage Fees, and Park Fees. These fees shall be paid prior to (as applicable): SITE DEVELOPMENT a. Final occupancy inspection. 12. 13. 14. 15. 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. Revised (if applicable) site plans and building 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. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval contained herein shall be completed to the satisfaction of the Director of the Planning and Community Development Department. Any change to the natural drainage or concentration of drainage shall be adequately handled and shall not impact adjacent properties. 16. PARKING AND VEHICULAR ACCESS Driveways shall meet the standards of the Zoning Ordinance, Public Works Standards, and the off street Parking Design Manual. TC/07/CR06-325wp5/(7-6-89)-2 CASE NUMBER: 89-100V Page 2 of 3 APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: (ITEMS 17 THROUGH 18) : STREETS AND SIDEWALKS 17. 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. DRAINAGE AND FLOOD CONTROL 18. A drainage system capable of handling and disposing of all surface water originating within the development, and all surface waters that may flow onto the development from adjacent lands, shall be required. Said drainage system shall include any easements and structures as required by the Director of Public Works to properly handle the drainage. TC/07/CR06-325wp5/(7-6-89)-2 CASE NUMBER: 89-100V Page 3 of 3