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)