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1989-26 RESOLUTION NO. OE89-26 A RESOLUTION OF THE CITY OF ENCINITAS, DENYING A VARIANCE TO ALLOW AN ENCROACHMENT OF UP TO 5 FEET WITHIN THE REQUIRED 10 FOOT SIDE YARD SETBACK IN THE GENERAL COMMERCIAL ZONE FOR A PROPOSED CAR WASH, FOOD MART AND GAS PUMP ISLANDS LOCATED AT 510 SANTA FE (CASE NUMBER 89-227 V) WHEREAS, a request for consideration of a Variance was filed by Shell oil to allow an encroachment of up to 5 feet within the required 10 foot side yard setback in the General Commercial Zone for a proposed car wash, food mart and gas pump islands as per Chapter 30.78 of the City of Encinitas Municipal/Zoning Codes, for the property located at 510 Santa Fe Drive legally described as; A portion of lots 9 and 10 in Block "I" of Avocado Acres, according to the Map thereof No. 2130, filed in the Office of the San Diego County Recorder on September 19, 1928. WHEREAS, a public hearing was conducted on the application on November 16, 1989, and WHEREAS, the Community Advisory Board considered: 1. The staff report dated November 1, 1989; 2. The application, statement of justification, and site plan submitted by the applicant; 3. Oral evidence submitted at the hearing; 4. Written evidence submitted at the hearing; and WHEREAS, the Old Encinitas Community Advisory Board made the TC/03/CRO5-407wp5 (11-20-89-1) following findings pursuant to Chapter 30.78 of the Encinitas Zoning Ordinance: SEE ATTACHMENT "A" NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community Advisory Board of the City of Encinitas that Variance Application 89-227 V is hereby denied. BE IT FURTHER RESOLVED by the Old Encinitas Community Advisory Board of Encinitas that: (1) This project was found to be exempt from environmental review, section 15305(a)¡ PASSED AND ADOPTED this 16th day of November, 1989, by the following vote, to wit: AYES: Birnbaum, Kauflin, Rotsheck, Steyaert, Tobias NAYS: None ABSENT: None ABSTAIN: None /Ý;;;?;. (2 e..., , Peter Tobias, Chairman of the Old Encinitas Community Advisory Board ATTEST: ~.~ To~den Associate Planner TCj03jCRO5-407wp5 (11-20-89-1) ATTACHMENT "A" RESOLUTION NO. OE89-26 CASE # 89-227V Findings for a variance pursuant to Chapter 30.78 of the Encinitas Municipal Code: Findings: What follows are the findings of fact the board must make to approve the variance request pursuant to Zoning Ordinance Section 30.78.030, as well as a brief discussion of evidence to consider relative to each: A. A variance from the terms of the zoning regulations 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 regulations deprives such property of privileges enjoyed by other property in the vicinity and under the same zoning classification. Evidence: The applicants maintain in the attached statement of justification that the fact that (1) the site is surrounded by a commercial center and (2) that, if the property were located in a specific plan area the setbacks could be modified through the design review process together work to deny the applicant of a privilege enjoyed by other properties under similar circumstances. It is not the opinion of staff or the Board that this rationale warrants making this finding. Specific plans areas (e.g., Downtown Encinitas and Leucadia) are established in order to preserve a character already established in these areas which may involve such things as setback modifications. This is because the pattern of development in those areas has historically been to different setbacks and such modifications may be necessary to preserve that character. Being located near (or abutting) a shopping center is a relatively common circumstance in the General Commercial zone and no justification has been provided as to why this fact should make the setback prescribed by the Zoning Ordinance unnecessary. 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 same vicinity and zone in which such property is situated. TCj03jCRO5-407wp5 (11-20-89-1) Evidence: Since the site is under similar circumstances to many others in the General Commercial zone, to approve the requested variance would be a grant of special privilege and staff cannot identify any conditions which would prevent such an approval from being a grant of special privilege. 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 regulations governing the parcel of property. The provisions of this section shall not apply to use permits. Evidence: Use of the subject site for the proposed car wash, convenience store, and pump stations is the subject of the development proposal 89-228MUP and will not be authorized through this application. D. 1. 2. 3. 4. No variance shall be granted if the inability to enjoy the privilege enjoyed by other property in the vicinity and under identical zoning classification: Could be avoided by an alternate development plan which would be of less significant impact to the 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; Would authorize or legalize the maintenance of any public or private nuisance. Evidence: (2) (1) The applicants state in the attached statement of justification that the variance is necessary for them to build on the site a complex which will "meet current marketing plans". There are alternative development plans available which would be of less impact to the site and adjoining properties, although those alternatives may involve scaling back the project (e.g., deleting the car wash, food store, or pump island(s». It is the opinion of staff and the ¡,Board that the need for the variance is self induced in that the applicant is using the variance to accommodate on site more than might otherwise be accommodated. The site is of a regular shape and the applicant has identified no aspects TCj03jCRO5-407wp5 (11-20-89-1) (3) (4) of the site which would preclude a reasonable use of the property. The variance would not be of such a degree of variation as to constitute a rezoning or zone code amendment. The variance would not legalize maintenance of any public or private nuisance. TCj03jCRO5-407wp5 (11-20-89-1)