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
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