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:
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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)