1990-16
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RESOLUTION NO. OE90- 16
A RESOLUTION OF THE OLD ENCINITAS
COMMUNITY ADVISORY BOARD APPROVING A
VARIANCE FROM THE REQUIRED REAR, AND ALLEY
SIDE YARD SETBACKS OF THE R11 ZONE, AS WELL AS TO
ALLOW ONE PARKING SPACE IN A PORTION OF THE FRONT YARD
SETBACK FOR A PROPOSED SINGLE-FAMILY RESIDENCE LOCATED AT
THE NORTHWEST CORNER OF CORNISH AVENUE AND
EAST "H" STREET IN OLD ENCINITAS
(CASE NUMBER 90-147V)
WHEREAS, a request for consideration of a Variance was filed
by Doug Mulvey to allow a proposed single-family residence to
encroach within
the
required
alley
side
yard,
and
rear
yard
setbacks
required
under
Section
30.16.010
of
the
Encinitas
Municipal Code, as well as from Section 30.54.040 to allow one
required parking space to be located within a portion of the front
yard setback per Chapter 30.78 of the City of Encinitas Municipal
Code, for the property located at the northwest corner of Cornish
Drive and East "H" Street, legally described as:
Lot 8 in Block 8B of sturges and Rattan's Subdivision, in the
County of San Diego, State of California, according to the Map
thereof No. 33, filed in the Office of the County Recorder.
WHEREAS, public hearings were conducted on the application on
July 26 and August 16, 1990, and;
WHEREAS, the Community Advisory Board considered:
l.
2.
The staff reports dated July 16 and August 9, 1990;
The application, revised site plan consisting of 3 sheets
dated received August 7, 1990, and Statement of
Justification submitted by the applicant;
Oral evidence submitted at the hearings;
Written evidence submitted at the hearings; and
3.
4.
WHEREAS, the Old Encinitas Community Advisory Board made the
following findings pursuant to Chapter 30.78
of the Encini tas
CO/mam/CRO7-630wp5 1(8-9-9~-1)
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Municipal Code:
(SEE ATTACHMENT" A ")
WHEREAS, the variance permits a 15 foot encroachment into the
20 foot (northerly) rear yard, 3 foot encroachment into the 5 foot
side yard setback from the alley, and a 1 foot 6 inch encroachment
of the uncovered parking stall into the 20 foot front yard setback.
NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community
Advisory Board of the City of Encinitas that application 90-147V
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 15305 (a) of the State CEQA Guidelines.
PASSED AND ADOPTED this
16th day of August,
1990,
by the
following vote, to wit:
AYES: Birnbaum, Steyaert, Townsend
NAYS: None
ABSENT: Rotsheck, Tobias
ABSTAIN: None
i
I
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./
À/n......... \\(¡", i'----
~/~'~'- v/ '-.I -.......; -----
Peter Tobias, Chairman of
the Old Encinitas Community
Advisory Board
ATTEST:
/~-
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.. /'.;?'"~. /' £~~ ~-----.-
Tom Curriden
Associate Planner
COjmamjCRO7-630wp52(8-9-90-1)
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ATTACHMENT "A"
RESOLUTION NO. OE 90- 16
FINDINGS FOR A VARIANCE
What follows are the findings of fact the Board must make to
approve the variance request pursuant to Zoning Ordinance Section
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 special circumstance of this case is the
substandard area of the subj ect property due to the
configuration of the original subdivision and the
convergence of "H" Street and Cornish drive. The area
of the lot is far below the standard lot size of 3950 sq.
ft. for the Rll zone at 2935 sq. ft., and well below the
area of the other lots in the vicinity as depicted in the
plats submitted by the applicant. The depth of the
subject lot is 50 ft., much less than the standard 90 ft.
of the zone. When combined with the fact that the site
is bounded on 3 sides by public right-of-way and thus is
required to provide two 10 ft. exterior side yard
setbacks, this results in an unusually small building
envelope of approximately 20 ft. by 30 ft. or 600 sq. ft.
A variance of the order proposed is necessary to build
a functional detached single-family residence; the one
the applicant wishes to construct is 1351 sq. ft.
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 need for the variance arose from the
atypically small area of the lot, a disadvantage not
applicable to the same degree for other properties in the
immediate vicinity. Although the degree of encroachment
is relatively extensive, the size of the proposed home
is less than that which could be built without a variance
on most lots in the same vicinity and zone. Therefore,
no conditions are necessary to assure that the variance
will not constitute a grant of special privilege.
CO/mam/CRO7-ó30WP53(8-9-90-1)
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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: Use of the subject site for a single family
residence is expressly allowed in the R11 zone and no
other use will be authorized through this permit.
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:
1.
Could be avoided by an alternate development
plan which would be of less significant impact
tot he 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
consti tute a rezoning or other amendment to the
zoning code:
4.
Would authorize or legalize the maintenance of
any public or private nuisance.
Evidence:
(1)
No other development strategy is available without
a variance which would provide a building envelope
within which a single-family home could be built of
a size remotely comparable to others in the same
vicinity zone (1351 sq. ft.).
(2 )
The need for the variance is a result of the design
of the original subdivision of the area, which
created this small lot at the end of a tapering
block bounded on 3 sides by public right-ow-way, not
the result of any action taken by the applicant or
applicant'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.
CO/mam/CRO7-630wp54(8-9-90-1)
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Applicant:
Case No:
Subject:
Location:
I.
RESOLUTION NO. OE90-16
CONDITIONS OF APPROVAL
ATTACHMENT "B"
Mulvey
90-147 V
Variance from rear, alley side
uncovered parking stall placement.
setbacks,
and
Northwest Corner of Cornish Drive and "H" Street
A.
SPECIFIC CONDITIONS
II.
Prior to permit issuance, the applicant shall execute and
record a covenant setting forth the terms and conditions
of this approval, in a form to be found satisfactory by
the Community Development Department.
1.
STANDARD CONDITIONS
GENERAL CONDITIONS
A.
This approval will expire in two years, on August
16, 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 Planning
Commission within 15 calendar days from the date of
this approval.
C.
Approval of this request shall not waive compliance
with any sections of the Zoning Code and all other
applicable City Ordinances in effect at the time of
Building Permit issuance unless specifically waived
here.
D.
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.
E.
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
CO/mam/CRO7-630Wp55(8-9-90-1)
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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.
F.
Permits from other agencies will be required as
follows:
state Coastal Commission
G.
Project is approved as submitted/modified as
evidenced by the site plan and elevations dated
received by the City of Encinitas on August 7, 1990,
and signed by a City Official as approved by the Old
Encini tas Community Advisory Board on August 16,
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:
2.
SITE DEVELOPMENT
A.
For new residential dwelling unit(s), the applicant
shall pay development fees at the established rate.
Such fees may include, but not be limited to:
Permit and Plan Checking Fees, School Fees, Water
and Sewer Service Fees, Traffic Fees, Drainage Fees,
and Park Fees. Arrangements to pay these fees shall
be paid prior to:
Building permit issuance; or
as deemed necessary by the appropriate agency.
3 .
PARKING AND VEHICULAR ACCESS
A.
Driveways shall meet the standards of the Zoning
Ordinance, Public Works Standards, and the Offstreet
Parking Design Manual.
B.
The driveway shall be constructed of a "grass crete"
or similar material to the satisfaction of the
Director of Planning and Community Development.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
COjmamjCRO7-630wP56(8-9-90-1_)
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4.
FIRE
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. Future structures
shall be protected by automatic fire sprinkler
systems. Sprinkler systems shall be installed to
the satisfaction of the Encinitas Fire Protection
District. Address numbers shall be clearly visible
from the street fronting the structure.
APPLICANT SHALL CONTACT THE PUBLIC WORKS
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A.
5.
DEPARTMENT REGARDING
A.
DRAINAGE CONDITIONS
B.
6.
A drainage system capable of handling and disposing
of all surface water originating within the project,
and all surface waters that may flow onto the
project from adjacent lands, shall be required.
Concentrated flows across driveways and/or sidewalks
shall not be permitted.
A.
STREET CONDITIONS
7.
Developer shall execute and record a covenant with
the County Recorder agreeing not to oppose the
formation of an assessment district to fund the
installation of right-of-way improvements.
UTILITIES
A.
B.
C.
The developer shall comply with all the rules,
regulations and design requirements of the
respective utility agencies regarding services to
the project.
The developer shall be responsible for coordination
with SDG&E, Pacific Telephone, and Cable TV
authorities.
All proposed utilities within the project shall be
installed underground including existing utilities
unless exempt by the Municipal Code.
COjmamjCRO7-630wp57(8-9-90-1)