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
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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
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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:
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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.
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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.
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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.
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