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1990-12 RESOLUTION NO. OE-90-12 A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD APPROVING A VARIANCE TO ALLOW AN ADDITION TO AN EXISTING SINGLE FAMILY HOME TO BE LOCATED WITHIN THE REQUIRED 10 FOOT SIDE YARD SETBACK FOR THE PROPERTY LOCATED AT 825 CORNISH DRIVE (CASE NUMBER 90-069V) WHEREAS, a request for consideration of a variance was filed by Gordon Peterson to allow an addition to an existing single family home to be located 5 ft. within the required 10 foot side yard setback, as per Chapter 30.78 of the ci ty of Encinitas Municipal/Zoning Codes, for the property located at 825 Cornish Drive, legally described as; All of Lot 15 in Block ilK" of ENCINITAS HIGHLANDS, in the County of San Diego, State of California, according to Map thereof No. 2141, filed in the Office of the Recorder of San Diego County, California, December 4, 1928; EXCEPTING THEREFROM the following described portion: Beginning at the Northwesterly corner of said Lot 15; thence Easterly along the Northerly line of Lot 15 to the Northeasterly corner of Lot 15; thence Southerly along the Easterly line of said Lot 15, 66.00 feet; thence Westerly along a line parallel to the Northerly line of Lot 15 to a point in the Westerly line of Lot 15; thence Northerly along the Westerly line of Lot 15, 66.00 feet to the Northwesterly corner and point of beginning. WHEREAS, a public hearing was conducted on the application on June 14, 1990; and WHEREAS, the Community Advisory Board considered: 1. The staff report dated June 7, 1990; 2. The application, site plan, and statement of justification submitted by the applicant; 3. Oral evidence submitted at the hearing; 4. Written evidence submitted at the hearing; and MN/03jCAB20-1832WP5 (8-3-90-4) WHEREAS, the Old Encinitas Community Advisory Board made the following findings pursuant to Chapter 30.78 of the Encinitas Municipal Code. SEE ATTACHMENT "A" NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community Advisory Board of the City of Encinitas that application 90-069V 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 15301 of the State CEQA Guidelines. PASSED AND ADOPTED this 14th day of June, 1990 , by the following vote, to wit: AYES: Birnbaum, Rotsheck, Steyaert, Tobias, Townsend NAYS: None ABSENT: None ABSTAIN: None ,fk~~ . a~ Peter Tobias, Chairman of the Old Encinitas Community Advisory Board ATTEST: ----. :c'--- ~--~ . . .l--- Tom Curriden Associate Planner MN/05/CAB20-1832WP5 (6-18-90-3) B. C. ATTACHMENT "A" RESOLUTION NO. OE90-12 FINDINGS FOR A VARIANCE 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. 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: Special circumstances apply to this site since the existing structure on the north side of the property is already located 5 feet from the property line and a 10 ft. setback for the addition would be overly restrictive. Such a finding could be made since the proposed addition would extend no further into the side yard setback and an additional 5 foot setback would be very disruptive to the interior and exterior continuity of the house. Further, the applicant provided a partial list of additional construction work that would be required with strict enforcement of the 10 ft. setback. This additional construction work includes rebuilding and narrowing the existing stairs, replacement of plumbing and electrical fixtures, and requiring the replacement of existing large bedroom window with a smaller one. This option is less desirable in terms of architectural design and function. Evidence: The grant of the variance would not constitute a grant of special privileges since other properties in the area all allowed additions and since the proposed addition would project no further into the side yard than the existing structure. 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 regulation governing the parcel of property. The provisions of this section shall not apply to conditional use permits. Evidence: The subject property is zoned Residential-5 which allows single family residential uses and residential additions. This variance request is consistent with the uses authorized by Zoning Code Section 30.09 of the Encinitas Municipal Code. No variance shall be granted if the inability to enjoy the privilege enjoyed by other property in the vicinity and under identical zoning classification: MN/03/CAB20-1832WP5 (8-3-90-4) 1. 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. 2. 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; or 4. Would authorize or legalize private or public nuisance. the maintenance of any Evidence: An alternate development plan would not be an acceptable and equitable al ternati ve. An al ternati ve development plan would create serious interior circulation problems and would be an unequitable hardship since many of the surrounding properties have existing 5 foot side yards. There would be little or no visual impact of the addition to the northerly property owner since there is no view from that side of the house. The variance request is not self-induced since the existing house was built to code with 5 foot side yards. The approval of the variance would not constitute a rezoning since single family residential uses are allowed in the R-5 zone and no increase in density is requested. Finally, the variance would not authorize the maintenance of a nuisance since the project site is in a good state of repair and the addition would improve the quality of living conditions for the applicant and not negatively impact the surrounding neighborhood. MN/03/CAB20-1832WP5 (8-3-90-4) Applicant: Case No: Subject: Location: I. RESOLUTION NO. OE90-12 STANDARD CONDITIONS ATTACHMENT "B" Gordon Peterson 90-069V Conditions of Approval for Variance for addition to single family home 825 Cornish Drive A. SPECIFIC CONDITIONS II. Prior to issuing a final inspection on framing, the applicant shall provide a survey from a licensed surveyor or a registered civil engineer verifying the building height is not more than 23 ft. from the lower of existing or finished grade in accordance with the Encinitas Municipal Code. 1. STANDARD CONDITIONS D. E. GENERAL CONDITIONS A. This approval will expire in two years, on June 14, 1990,1992, 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 within 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. 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. 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. MN/05jCAB20-1832WP5 (6-18-90-3) 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. G. 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. H. Permits from other agencies will be required as follows: Coastal Commission I. 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 June 14, 1990 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. B. 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. MN/05/CAB20-1832WP5 (6-18-90-3)