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1990-15 RESOLUTION NO. OE90-15 A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD APPROVING A VARIANCE REQUEST TO PERMIT AN EXISTING SIX FOOT WALL TO BE MAINTAINED AND ALLOW A NEW 6 FOOT GATE TO BE PLACED WITHIN THE 15 FOOT SETBACK AREA FROM SAN DIEGUITO DRIVE FOR PROPERTY LOCATED AT 673 SAN DIEGUITO DRIVE (CASE NUMBER 90-100V) WHEREAS, a request for consideration of a Variance was filed by Virginia L. Cartwright to allow portions of an existing wall to exceed the 4 foot height standard to six feet and the construction of a six foot gate within the 15 foot setback from San Dieguito Drive for a property in the R-5 Zoning District per section 30.16.010F1 and Chapter 30.78 of the City of Encinitas Municipal Code, which is located at 673 San Dieguito Drive and legally described as: Lot 16 of Encinitas, Highlands, Block I, in the City of Encinitas, County of San Diego, State of California, according to map thereof No. 2141. WHEREAS, a public hearing was conducted on the application on July 26, 1990, and; WHEREAS, the Community Advisory Board considered: 1. 2. The staff report dated July 16, 1990; The application, site plan and Statement of Justification submitted by the applicant; Oral evidence submitted at the hearing; written evidence submitted at the hearing; and 3. 4. WHEREAS, the Old Encinitas Community Advisory Board made the following findings pursuant to Chapter 30.78 of the Encinitas Municipal Code: JK/03/CRO 7-627wp5 1(8-07-90-1) (SEE ATTACHMENT II A ") NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community Advisory Board of the City of Encinitas that application 90-100V is hereby approved subject to the following conditions: ( 1) (2) (3) (4) (5) (6) (7) The project as submitted is approved and shall not be altered without City approval. Prior to final inspection of a building permit, 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. This permit allows for a maximum wall and gate height of six (6) feet for only those portions of the wall indicated to exceed the four (4) foot standard on the plans submi tted to, and approved by, the Community Advisory Board. No additional material may be placed upon the wall or gate unless specifically approved by the City under a separate variance request or as provided by Municipal Code. Applicant shall plant and maintain a minimum of three 15- gallon trees and five 5-gallon shrubs along the Requeza Street frontage to minimize the 6 foot wall's impact. The applicant shall cause to be recorded a covenant regarding real property which sets forth this grant of approval. The covenant shall be in form and content satisfactory to the Director of Planning and Community Development. This permit shall expire and become null and void after two (2) years of the effective date if the wall and gate have not been constructed in accordance with the approved project per Section 30.78.030 of the Municipal Code. A proponent of protestant of record may appeal a final decision of the hearing body by filing the appeal within fifteen (15) calendar days of the hearing body's decision pursuant to Chapter 1.12 of the Encinitas Municipal Code. JK/03/CRO 7-627wp5 2(8-07-90-1) BE IT FURTHER RESOLVED by the Old Encinitas Community Advisory Board of the city of Encinitas that: This proj ect was found exempt from Environmental Review, section 15301(e) of CEQA. PASSED AND ADOPTED this 26th day of July, 1990, by the following vote, to wit: AYES: Birnbaum, Rotsheck, Steyaert, Tobias, Townsend NAYS: None ABSENT: None ABSTAIN: None ( ",=-- ~- I / ~ . uIN------- Pètér Tobias, Chairman of the Old Encini tas Community Advisory Board ATTEST: -------:; ij . ~ ~~ ~...,....- c'~ Tom Curriden Associate Planner JK/03/CRO 7-627wp5 3(8-07-90-1) C. D. ATTACHMENT "A" RESOLUTION NO. OE90-15 FINDINGS FOR A VARIANCE Findings: What follows are the findings of fact the Board has made to approve the variance request pursuant to Zoning Ordinance Sect. 30.78.030: A. 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: The Board finds that special circumstances apply to this site since the existing structure is located at the intersection of a heavily traveled street with a four way stop. Traffic at the intersection must slow to a stop and accelerate from the stop causing noise impacts which will be buffered by the subject wall and gate. 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 grant of the variance does not constitute a grant of special privilege since the Board finds that special circumstances apply to the property's location as described in the finding above which do not apply to other properties in the same vicinity and similar Zoning District. 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 subject property is zoned Residential - 5, which allows residential uses. No variance shall be granted if the inability to enjoy the privilege enjoyed by other property in the vicinity and under identical zoning classification: 1. Could be avoided by an alternate development plan which would be of less significant impact to the site and JK/03/CRO 7-627wp5 4(8-07-90-1) adjacent properties variance. than the project requiring a 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; 4. Would authorize or legalize the maintenance of any public or private nuisance. Evidence: The Board finds that an alternate development plan would not permit the existing structure on the lot to be buffered from visual and noise impacts of the intersection and the structure will not pose a significant impact to other properties since the portions of the wall and gate exceeding 4 feet are located closer to the intersection than to adjoining properties to the north. The Board finds that sight distance impacts will not be significant since the intersection is controlled by a 4-way stop. The variance is not self-induced since it is necessitated by the property's location at a heavily traveled intersection. The variance does not constitute a rezoning since single family use is permitted in the R-5 District. No evidence has been submitted to indicate that any public or private nuisance exists at the subject location. JK/03/CRO 7-627wp5 5(8-07-90-1)