1990-11
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RESOLUTION NO.
090-11
A RESOLUTION OF THE OLD ENCINITAS
COMMUNITY ADVISORY BOARD APPROVING A
VARIANCE AND DESIGN REVIEW REQUEST
TO ALLOW TWO CARPORT STRUCTURES AND GARAGE DOORS
TO BE LOCATED WITHIN THE REAR YARD SETBACK FOR THE PROPERTY
LOCATED AT 838 CORNISH DRIVE
(CASE NUMBER 89-252V/DR)
WHEREAS, a request for consideration of a Variance and Design
Review permit was filed by Norman R. Kraus and Marlyn K. Wiegand
to allow a carport structure and garage doors to project into the
rear yard setback to the rear property line, per Chapters 30.78 and
23.08 of the City of Encinitas Municipal Code, for the property
located at 838 Cornish Drive, legally described as:
LOT 4 AND 5, BLOCK B, STURGES AND RATTON'S SUBDIVISION OF EAST
BLOCK 8, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 33, FILED IN THE OFFICE OF THE RECORDER OF
SAID SAN DIEGO COUNTY, MARCH 19, 1987.
WHEREAS, a public hearing was conducted on the application on
May 31, 1990, and;
WHEREAS, the Community Advisory Board considered:
l.
2.
The staff report dated May
The application, site
Justification submitted by
Oral evidence submitted at
written evidence submitted
of
3.
4.
17, 1990;
plan, and statement
the applicant;
the hearing;
at the hearing; and
WHEREAS, the Old Encinitas Community Advisory Board made the
following findings pursuant to Chapters 30.78, and 23.08 of the
Encinitas Municipal Code:
(SEE ATTACHMENT "A")
NOWþ THEREFORE, BE IT RESOLVED by the Old Encinitas Community
Advisory Board of the City of Encinitas that application 89-252
V/DR 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 project was found to be exempt from environmental review under
section 15301(e) of the State CEQA Guidelines.
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PASSED AND ADOPTED
following vote, to wit:
this
31st
AYES: Birnbaum, Rotsheck, Steyaert
NAYES: None
ABSENT: Tobias, Townsend
ABSTAIN: None
ATTEST:
~~
Tom Currlden
Associate Planner
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day
of
1990,
by
the
May,
~\
Peter Tobias Chairman of
the Old Encinitas Community
Advisory Board
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ATTACHMENT "A"
RESOLUTION NO. OE90-11
FINDINGS FOR A VARIANCE AND DESIGN REVIEW
Findings: What follows are the findings of fact made by the Board
to approve the variance request pursuant to the Zoning Ordinance
section 30.78.030:
A.
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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: Special circumstances are applicable to this
property in that the lot size of approximately 3200 sq. ft.
is significantly smaller than the standard lot size of 3950
sq. ft. for the R-ll zone and because the lot depth of
approximately 64 ft. is significantly less than standard depth
of 90 ft. for the R-ll Zone. The resulting lot area deprives
the applicant from privileges enjoyed by other properties in
the area i.e. allowing an attached carport structure outside
of the required 20 ft. rear yard setback and accommodating the
required 4 parking spaces on the site.
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.
Evidence: The approval of the Variance would not constitute
a grant of special privileges since carports are permitted
accessory structures in residential zones and since the
substandard sized lot of limited depth does not provide
sufficient space to add to a carport structure and accommodate
required parking outside of the rear yard area.
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: The grant of this variance would not authorize a
use or activity not expressly authorized by the subject zoning
regulations since carport structures are permissible accessory
uses in residential zones.
D.
No variance shall be granted if the inability to enjoy the
privilege enjoyed by other property in the vicinity and under
identical zoning classification:
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1.
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2.
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;
3.
Would allow such a degree of variation as to constitute
a rezoning or other amendment to the zoning code;
4.
Would authorize or legalize the maintenance of any public
or private nuisance.
Evidence: An alternate development plan is not a possibility
since inadequate space in the rear yard area precludes an
alternate location for the proposed structures. Although the
need for the variance is self-induced because the structures
were built without proper permits, the substandard lot size
is an inherent restraint. The variance from the rear yard
setback would not constitute a rezoning or amendment to the
zoning code since the variance is required in order to locate
the structures and required parking. Carport structures are
a permissible accessory use in a residential zone. The
approval of the variance would not constitute the maintenance
of a nuisance since vehicular circulation will function
acceptably and since a carport use is an acceptable use in a
residential zone.
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Findings for Design Review
The following findings must be made by the authorized agency
to warrant approval of the design review permit in accordance
with Sect. 23.08.072 of the Municipal Code:
A.
The project design is consistent with the General Plan,
a Specific Plan, or the provisions of this Code.
Evidence: Subject to concurrent approval of the associated
variance, the project design will be consistent with the
subject codes an guidelines in that accessory structures (i.e.
carports) are permissible uses in residential zones.
B.
The design is substantially consistent with the Design
Review Guidelines.
Evidence: The project is substantially consistent with the
Design Review Guidelines since the carport structures present
an acceptable level of appearance for the residential zone in
which they are located and are compatible in appearance with
the duplex structure on site.
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C.
The project would not adversely affect the
safety, or general welfare of the community.
health,
Evidence: The project is minor in nature and no aspect has
been identified which would adversely affect the health,
safety, or general welfare of the community.
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D.
The proj ect would not tend to cause the surrounding
neighborhood to depreciate materially in appearance or
value.
Evidence: The project would not cause the surrounding area
to depreciate in appearance or value since the proposed
structures represent an acceptable appearance and an
acceptable use in the residential zone.
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Applicant:
Case No:
subject:
Location:
RESOLUTION NO. OE90-
STANDARD CONDITIONS
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ATTACHMENT "B"
Norman R. Kraus and Marlyn K. wiegand
89-252 V/DR
Conditions of Approval for Variance
Review for Carport and Garage Doors
and
Design
838 Cornish Drive
I.
STANDARD CONDITIONS
1.
GENERAL CONDITIONS
A.
This approval will expire in two years, on May 31,
1992, 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 within 15 calendar days from the date of this
approval.
B.
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.
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.
E.
Upon a showing of compelling public necessity
demonstrated at a noticed hearing, the City of
Encini tas, acting through the authorized agency, may
add, amend, or delete conditions and regulations
contained in this permit.
F.
Approval of this request shall not waive compliance
wi th 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.
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G.
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H.
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.
Permits from other agencies will be required as
follows:
Coastal Commission
1.
Project is approved as submitted/modified as
evidenced by the plot plan signed by a City Official
as approved by the Old Encinitas Community Advisory
Board on May 31, 1990 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:
A.
LANDSCAPING
2.
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All required plantings shall be in place prior to
use or occupancy of new buildings or structures.
All required plantings shall be maintained in good
growing conditions, and whenever necessary, shall
be replaced with new plant materials to ensure
continued compliance with applicable landscaping,
buffering, and screening requirements. All
landscaping shall be maintained in a manner that
will not depreciate adjacent property values and
otherwise adversely affect adjacent properties.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
3.
FIRE
A.
B.
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Numbers shall be clearly visible from the street
fronting the structure. Where structures are
located off a roadway on long driveways, a monument
shall be placed at the entrance where the driveway
intersects the main roadway. Address numbers shall
be displayed on this monument.
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.
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