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1989-21 RESOLUTION NO. OE89-21 A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD CITY OF ENCINITAS, APPROVING ADVISORY BOARD A VARIANCE TO ALLOW SETBACK REDUCTION FROM REQUIRED 10' TO 7' FOR THE SIDE YARD AND FROM 40' TO 29' FOR THE REAR YARD FOR THE PROPERTY LOCATED AT 751 NARDO ROAD (CASE NUMBER 89-163V) WHEREAS, a request for consideration of a Variance was filed by Paul E. Disch to allow setback reduction from 10' to 7' for the side yard and from 40' to 29' for the rear yard required as per Chapter 30.78 of the City of Encinitas Municipal/Zoning Codes, for the property located at 751 Nardo Road, legally described as; Parcell: That portion of the Northerly 104.00 feet of the Southwest quarter of the Northwest 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 official plat thereof, described as follows: Beginning at the Northeast corner of said Southwest quarter of the Northwest quarter of the Northeast quarter of the Southeast quarter; thence Westerly along the Northerly line of said Southwest quarter of the Northwest quarter of the Northeast quarter of the Southeast quarter, 134.00 feet (record 137.00 feet) thence at right angles Southerly 20.00 feet; thence at right angles Easterly 47.00 feet; thence at right angles Southerly 84.00 feet to the Southerly line of said Northerly 104.00 feet of the Southwest quarter of the Northwest quarter of the Northeast quarter of the Southeast quarter; thence Easterly along said Southerly line 90.00 feet to the Easterly line of said Southwest quarter of the Northwest quarter of the Northeast quarter of the Southeast quarter; thence Northerly along said Easterly line to the point of beginning. Parcell-A: An easement and right-of-way for road purposes over, along and across that portion of the Northerly 20.00 feet of the Southwest quarter of the Northwest 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 official plat thereof, lying Westerly of the most Westerly line of Parcell hereinabove described. MB/04/CRO6-382WP51(10-17-89-1) WHEREAS, a public hearing was conducted on the application on August 31, 1989; and WHEREAS, the Old Encinitas Community Advisory Board considered: 1. The staff report dated August 22, 1989; 2. The application and maps submitted by the applicant; Oral evidence submitted at the hearing; 3. 4. written evidence submitted at the hearing; and WHEREAS, the Old Encinitas Community Advisory Board made the following findings pursuant to the Municipal Code: SEE ATTACHMENT "A" NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community Advisory Board of the City of Encinitas that the variance request 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 15303 (e) (OR); MBj04jCRO6-382WP52(10-17-89-1) PASSED AND ADOPTED this 31st day of August, 1989, by the following vote, to wit: AYES: Birnbaum, Kauflin, Rotscheck, Tobias NAYS: None ABSENT: Mark'Steyaert ABSTAIN: None ATTEST: ~.~ Tom Curriden Associate Planner MBj04jCRO6-382WP53(10-17-89-1) ATTACHMENT "A" OLD ENCINITAS COMMUNITY ADVISORY BOARD RESOLUTION NO. ~E81-ZI 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 location of the present home on the property is a special circumstance which makes doing an addition in parity with others in the area not possible without the variance. Once the 40 ft. rear yard and 10 ft. side yard setbacks are taken, the envelope for addition (in the feasible location over the garage) is atypically small. Adhering to the current 10' side yard setback would be both aesthetically and financially prohibitive due to the cost of offsetting the addition and re-working the existing residence. 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: The variance will not grant a special privilege since the subject structure is currently constructed at a 7' side yard setback. Further, there are many properties in this area which have second story elements with both 5' and 7' side yard setbacks. The applicant, as stated above, has submitted a plat page, and two photos depicting the location of these similar residences. MB/04/CRO6-382WP54(10-17-89-1) A variance will not be granted for a parcel of property which authorizes a use or activity which is pot 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: The current use of the property is for single family residential and the addition will not change the use or current activity. single family residential use is permitted in the R-3 zoning District. 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 alternative development plan which would be of less significant impact to the site and adjacent site and adjacent properties than the project requiring a variance; Is self-induced as a result of an action taken by the property owner or 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 private or public nuisance. the maintenance any of Evidence to Consider: 1. The current garage structure maintains a 7' side yard setback and 29 ft. rear yard setback, and that by adhering to a 10' side setback and 40 ft. rear setback would be both aesthetically and financially prohibitive due in part to the cost of offsetting the addition and reworking the existing residence. 2. The existing structure predates the current setback requirements and is currently considered as having legal non-conforming setbacks. No evidence has been identified to suggest action was taken by the present owners or their predecessors which created a need to secure a variance for the addition. 3. The variation does not create a need to rezone or amend the zoning code. 4. No public or private nuisance is at issue with this variance request. MB/04/CRO6-382WP55(10-17-89-1) RESOLUTION NO. OE89-21 ATTACHMENT "B" II. STANDARD CONDITIONS 1. GENERAL CONDITIONS A. B. This approval will expire in two years, on August 31, 1991, at 5:00 p.m. unless the conditions have been met or an extension has been approved by the Authorized Agency. This approval may be appealed to the authorized agency wi thin 15 calendar days from the date of this approval. C. At all times during the effective period of this permit, the applicant shall obtain and maintain in valid force and effect, each and every license and permit required by a governmental agency for the operation of the authorized activity. D. At no time during the effective period of this permit shall the applicant be delinquent in the paYment of taxes or other lawful assessments relating to the property which is the subject of this permit. E. 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 set before the authorized agency to determine why the city of Encinitas should not revoke this permit. F. 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. G. Nothing in this permit shall relieve the applicant from complying with the conditions and regulations generally imposed upon activities similar in nature to the activity authorized by this permit. H. Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that which is specifically described in this permit. MBj04jCRO6-382WP56(10-17-89-1) I. J. K. 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 unless specifically waived here. 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 unless specifically waived here. This approval shall become null and void if building permits are not issued for this project within two years from the date of project approval. If the applicant is not able to obtain building permits due to a growth management program within the two year period, this approval may be extended by the Director of Planning and Community Development to allow for the issuance of building permits. L. Permits from other agencies will be required as follows: a. Coastal Commission M. Project is approved as submitted as evidenced by the plot plan dated July 26, 1989 received by the City of Encinitas on July 26, 1989 and signed by a City Off icial as approved by the Old Encini tas Communi ty Advisory Board on August 31, 1989 and shall not be altered without Planning and Community Development Department review and approval. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 2. SITE DEVELOPMENT A. site shall be developed in accordance with the approved site plans which are dated and signed as approved on August 31, 1989 by Community Advisory Board and which are on file in the Planning and Community Development Department and the conditions contained herein. MB/04/CRO6-382WP57(10-17-89-1) B. Any change to the natural drainage or concentration of drainage shall be adequately handled and shall not impact adjacent properties. APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 3. FIRE A. Prior to final recordation, the applicant shall submit a letter from the Fire District stating that all development impact, plan check and/or cost recovery fees have been paid or secured to the satisfaction of the District. 4. STREETS AND SIDEWALKS A. 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. MB/04/CRO6-382WP58(10-17-89-1)