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1989-28 RESOLUTION OE89- 28 A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD, CITY OF ENCINITAS, APPROVING A VARIANCE TO ALLOW A 10 FOOT ENCROACHMENT INTO THE REQUIRED 20 FOOT EXTERIOR SIDE YARD SETBACK FOR A PROPOSED DUPLEX LOCATED AT THE NORTHEAST CORNER OF FOURTH AND "H" STREETS (CASE NUMBER 89-230V) WHEREAS, a request for consideration of a Variance was filed by John Portilla to allow a 10 foot encroachment into the required 20 foot exterior side yard setback for a proposed duplex located at the northeast corner of Fourth and "H" Streets as per Chapter 30.78 of the City of Encinitas Municipal/Zoning Codes, for the property located at the northeast corner of Fourth and "H" Streets, legally described as; Lot 9, Block 32 of Encinitas, according to the Map thereof No. 148, filed in the Office of the San Diego County Recorder; and 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 2, 1989; 2. The application, statement of justification, and site plan dated September 20, 1989 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 following finding pursuant to Chapter 30.78 of the Zoning Ordinance; TC/O4/CRO5-397WP51(11-2-89) SEE ATTACHMENT "A" NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community Advisory Board of the City of Encinitas that Variance application 89-230V 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: This proj ect was found to be exempt from environmental review, section 15305. PASSED AND ADOPTED this 16th day of November, 1989, by the following vote, to wit: AYES: Kauflin, Rotsheck, Steyaert NAYS: Birnbaum, Tobias ABSENT: None ABSTAIN: None p;t;; ( j¿ t:2.- -' Peter Tobias, Chairman of the Old Encinitas community Advisory Board ATTEST: -----_.-~ ~. ~. ....- ./ ,. ----~ ~-~ / ..:::r-'--...-~ /./ ..----t---t::-t. ~-:::.---.. Tom curAãên Associate Planner TC/O4/CRO5-397WP52(11-2-89) ATTACHMENT "A" OLD ENCINITAS COMMUNITY ADVISORY BOARD RESOLUTION NO. OE89- 28 Findings for a Variance (Section 30.78.030 Municipal Code) A. A variance from the terms of the zoning ordinance 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: Conforming to the required 20 ft. exterior side yard setback deprives the property owner of the ability to develop the subject property to a similar lot coverage and floor area ratio other properties in the area can enjoy. The 20 ft. exterior side setback is required because this is a corner lot and its southerly frontage along "HI! Street is considered an exterior side yard under Chapter 30.16.010 of the code. Review of the attached site plan indicates that if that setback is observed the building footprint available for development is 1,500 sq. ft., only 30% of the 5,000 sq. ft. site. with the requested 10 ft. side yard setback some 42% of the site would be outside the setbacks, within which a project of a 40% lot coverage can be designed. The unusual circumstances which causes the property to have the smaller building envelope is not only that it is a corner lot but that it is much smaller than the 20,000 sq. ft. minimum lot size of the R15 zone, within which one could easily achieve the 40% maximum lot coverage even with the 20. ft. exterior side yard setback. 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: In that the requested variance would grant a property development privilege in parity with that of other properties in the area, the requested variance would not be a grant of special privilege and no specific conditions are necessary in TC/O4/CRO5-397WP53(11-2-89) the opinion of staff to prevent the approval from being a grant of special privilege. 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. C. Evidence: Use of the subject site for the proposed duplex is expressly allowed in the R15 zone for lots of 5,000 net sq. ft. or larger and no other use will be authorized through this permit. 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 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: 1. There is not any alternate development strategy available which would bring the project into parity with other properties in the R15 zone in terms of the percentage of the site which can be utilized for development that would not require a variance in some form. 2. It is the opinion of staff that the need for the variance is the result of changes to the zoning ordinance which would typically apply to larger properties and disproportionately reduces the building footprint on such a small lot, not a result of any action taken by the owner or owner's predecessor. 3. The variance would not be of such a degree of variation as to constitute a rezoning or zone code amendment. 4. The variance would not legalize maintenance of any public or private nuisance. TC/O4/CRO5-397WP54(11-2-89) Applicant: Case No: Subject: Location: RESOLUTION NO. OE89- 28 STANDARD CONDITIONS ATTACHMENT "B" Portilla 89-230V Variance for proposed duplex to encroach 10 ft. into exterior side yard setback Northeast corner of Fourth and "H" streets I. SPECIFIC CONDITIONS None II. STANDARD CONDITIONS GENERAL CONDITIONS A. 1. This approval will expire in two years, on November 16, 1991, at 5:00 p.m. unless the conditions have been met or an extension has been approved by the Authorized Agency. B. This approval may be appealed to the authorized agency wi thin 15 calendar days from the date of this approval. C. 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. D. Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that which is specifically described in this permit. E. 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. F. 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 CASE NUMBER: 89- Page _of TC/O4/CRO5-397WP55(11-2-89) G. H. 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. Permits from other agencies will be required as follows: Coastal Commission I. Project is approved as submitted/modified as evidenced by the plot plan dated September 20, 1989 (date) and signed by a City Official as approved by the Old Encinitas Community Advisory Board on November 16, 1989 (date) and shall not be altered without Planning and Community Development Department review and approval. APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 2. 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. CASE NUMBER: Page 89- of TC/O4/CRO5-397WP56(11-2-89)