1989-14
RESOLUTION NO. OE89-l4
A RESOLUTION OF THE OLD ENCINITAS
COMMUNITY ADVISORY BOARD OF THE
CITY OF ENCINITAS, APPROVING A
VARIANCE TO ALLOW A PROPOSED ADDITION
TO A SINGLE FAMILY RESIDENCE AND 6 FT. FENCE
TO ENCROACH WITHIN FRONT YARD SETBACK
LOCATED AT 140 LA MESA AVENUE
(CASE NUMBER 89-113 V)
WHEREAS, a request for consideration of a Variance was filed
by Paul Stangeland to allow a proposed addition to a single family
residence and 6 ft. fence to encroach within front yard setback as
per Chapter 30.78 of the City of Encinitas Municipal Code/Zoning
Codes,
for the property
located
140
La Mesa Avenue,
legally
described as;
All of Lot 8 excepting the Northerly 9 feet thereof and all
of Lot 9 of Block "H" of SEASIDE GARDENS, in the City of
Encinitas, County of San Diego, State of California, according
to Map thereof No. 1800, filed in the Office of the County
Recorder of San Diego County on August 6, 1924.
WHEREAS, a public hearing was conducted on the application on
July 13, 1989, and
WHEREAS,
the Community Advisory Board/Planning Commission
considered:
1.
The staff report dated June 28, 1989;
2.
The application and maps dated S/31/89 and revised site
and landscaping plan dated received July 20, 1989
submitted by applicant;
3.
Oral evidence submitted at the hearing;
4.
Written evidence and photographs of the site surrounding
properties submitted at the hearing; and
tc/07/CROS-341wpS1(7/31/89-3)
WHEREAS, the Old Encinitas Community Advisory Board made the
following findings pursuant to Chapter 30.78 of the Municipal Code:
SEE ATTACHMENT "A"
NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community
Advisory Board of the City of Encinitas that Variance Application
89-113 V is hereby approved subject to the following conditions:
SEE ATTACHMENT liB"
BE IT FURTHER RESOLVED by the Old Encinitas Community Advisory
Board of the City of Encinitas that:
This project was found to be exempt from environmental review,
section 15303 (e).
PASSED AND ADOPTED this
13th day of July,
1989,
by the
following vote, to wit:
AYES:
Steyaert, Rotscheck, Tobias, Kauflin, Birnbaum
NAYS:
None
ABSENT:
None
ABSTAIN:
None
1
t.,
ATTEST:
~~
Tom Curr1den
Associate Planner
tC/07/CR05-341wp52(7/31/89-3)
ATTACHMENT "A"
Old Encinitas (CAB)
RESOLUTION NO. OE89-14
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: Strict application of the setback and
nonconformity regulations, given the unusual triangular shape
of the site and its frontage on two streets, results in an
atypically small building envelope in relation to lot area.
The unusual shape and location of the property deprives the
applicant the opportunity to build up to the allowable floor
area ratios prescribed by code. In fact, the available
building envelope is much smaller for this 6,000 sq. ft. lot
than for the more typical 4,000-S,000 sq. ft. lots in the
area. The existing home is built to within 10 ft. of both
front lot lines, which is more typical of the neighborhood and
results in a building envelope more on par with others in the
vicinity in terms of lot coverage and floor area ratio.
The shape and location of the lot also precludes any private
(i.e., fenced) yard. Such a private yard could be seen as
even more warranted in this case than usual, given the
location of the site at the confluence of two streets.
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: As the subject property is under very
unusual circumstances in terms of shape and location, the
variance is 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.
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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.
C.
Evidence to Consider: Use of the property for a single-family
residence is expressly allowed.
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.
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.
any
maintenance
the
of
Evidence to Consider:
1.
No alternative development strategy is available,
observing required setbacks, which would give the
applicant parity with adjoining smaller properties in
terms of development potential, nor afford the applicant
the ability to have a private (fenced) yard area.
2.
The inability to enjoy the privilege sought results from
the configuration of the original subdivision in
combination with subsequent zoning regulations (e. g. ,
setbacks), not as a result of action (s) taken by the
applicant or his predecessors.
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 is at issue with this
variance request.
tC/07/CROS-341WpS4(7/31/89-3)
RESOLUTION NO. OE89-14
ATTACHMENT liB"
1.
SPECIFIC CONDITIONS
1.
Building plans shall indicate the following to the
satisfaction of the Community Development Department
prior to permit issuance:
a.
"New Zealand Christmas Tree" street trees to
be a minimum 15 gallon size;
b.
The "Australian Tea Tree" near the south corner
of the site to be a minimum 24 inch box size;
c.
An irrigation system satisfactory
Community Development Department;
to
the
2.
All parkway plantings shall be watered and maintained in
good condition.
3.
The "star Jasmine" vines planted along the fencing shall
be trained to grow upward along it.
tC/07/CR05-341wp55(7/31/89-3)
II.
RESOLUTION NO. OE89-14
ATTACHMENT "B"
4 .
GENERAL CONDITIONS
5.
6.
7.
8.
9.
10.
11.
12.
This approval will expire on July 13, 1991, after the
approval of this project unless the conditions have been
met or an extension has been approved by the Authorized
Agency.
This approval may be appealed to the authorized agent
within 15 days from the date of this approval.
Upon a showing of compelling public necessity
demonstrated at a noticed hearing, the City of Encinitas,
acting through the authorized agency, may add, amend, or
delete conditions and regulations contained in this
permit;
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;
Nothing in this permit shall authorize the applicant to
intensify the authorized activity beyond that which is
specifically described in this permit; and
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.
Permits from other agencies will be required as follows:
California Coastal Commission
Project is approved as submitted/modified and shall not
be altered without Old Encinitas Community Advisory Board
review and approval.
tc/07/CRO5-341wp56(7/31/89-3)
CASE NO. 89-113V
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
13.
III. SITE DEVELOPMENT
14.
IV.
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 Community Development.
Any change to the natural drainage or concentration of
drainage shall be adequately handled and shall not impact
adjacent properties.
IS.
PARKING AND VEHICULAR ACCESS
v.
Driveways shall meet the standards of the zoning
Ordinance, Public Works Standards, and the off street
Parking Design Manual.
LANDSCAPING
16.
All required plantings shall be in place prior to use or
occupancy of new buildings or structures. All required
plantings shall be maintained in good growing conditions,
and whenever necessary, shall be replaced with new plant
materials to ensure continued compliance with applicable
landscaping, buffering, and screening requirements. All
landscaping shall be maintained in a manner that will not
depreciate adjacent property values and otherwise
adversely affect adjacent properties.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
VI.
FIRE
17.
Prior to permit issuance the applicant shall submit a
letter from the Encinitas Fire District stating that all
development impact, plan check, and/or cost recovery fees
have been paid.
18.
VII. EXISTING STRUCTURE
Provide compliance with the Uniform Building code for
property line clearances considering use, area and fire
resistance of existing buildings.
tc/07/CROS-341wpS7(7/31/89-3)
CASE NO. 89-113V
VIII.STREETS AND SIDEWALKS
19.
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.
20.
An Irrevocable Offer of Dedication (I.O.D.) shall be made
for S feet along Neptune and La Mesa Avenues adjacent to
the property for public right-of-way purposes.
Neptune and La Mesa Avenues are classified as local
streets requiring a 60 foot right-of-way or 30 feet from
the official centerline of such street.
tc/07jCROS-341wpS8(7/31/89-3)