1990-26
RESOLUTION NO. OE90-~
A RESOLUTION OF THE OLD ENCINITAS
COMMUNITY ADVISORY BOARD APPROVING A VARIANCE FROM
THE REAR YARD SETBACK OF THE R-25 ZONE FOR A SECOND
STORY ADDITION TO AN EXISTING SINGLE-FAMILY RESIDENCE
LOCATED AT 1058 THIRD STREET IN OLD ENCINITAS
(Case Number 90-247V)
WHEREAS, a request for consideration of a variance was filed
by Curt Horst to allow a proposed addition to a single-family
residence
to
encroach within
the
required
rear
yard
setback
required under Section 30.16.101 of the Encinitas Municipal Code,
for the property located at 1053 Third Street legally described as:
Lot 8 of Block 34 (portion), in the County of San Diego,
State of California according to the Map thereof No. 148,
filed in the Office of the County Recorder.
WHEREAS, a public hearing was conducted on the application on
December 13, 1990, and;
WHEREAS, the Community Advisory Board considered:
1.
2.
The staff report dated December 3, 1990;
The application, site plan received October 24, 1990,
and Statement of Justification submitted by the
applicant;
Oral evidence submitted at the hearing;
3.
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 90-247V
is hereby approved subject to the following conditions:
(SEE ATTACHMENT "A")
NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community
Advisory Board of the City of Encinitas that application 90-247V
is hereby approved subject to the following conditions:
JK/03/CAB23-2047wp56(12-7-90/2)
(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.
PASSED AND ADOPTED this 13th day of December, 1990, by the
following vote, to wit:
AYES:
NAYS:
ABSENT:
ABSTAIN:
~~
Peter Tobias, C i=an of
the Old Encinitas Community
Advisory Board
ATTEST:
~~
Tom Curriden
Associate Planner
JK/03/CAB23-2047wp57(12-7-90/2)
ATTACHMENT "A"
RESOLUTION NO. OE90-~
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:
c.
D.
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 subject property is of limited depth (at
100 ft.) and has substantially sloping topography. The
Board therefore finds that these factors necessitate the
proposed design since the achievement of a comparably
sized addition within the building envelope would require
substantial amounts of earth fill due to site topography.
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 this variance would not
constitute a grant of special privileges since numerous
other properties along Sealane Drive are developed with
structure encroaching well into the rear yard setback
area.
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 Board finds that the proposed proj ect
would not authorize an activity not expressly authorized
since residential single family uses are permissible in
the R-25 Zone.
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 adjacent properties than the project
requiring a variance;
JK/03/CAB23-2047wp58(12-7-90/2)
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.
1.
The board finds that in order to achieve a project with
a reasonable square-footage, the variance is necessary
since site topography limits the portions of the building
envelope in which development is practical. The only
remaining area of the site where an addition could be
built is the lower southwesterly area where substantial
fill would be required for development, thus resulting
in a greater negative impact to the site.
2.
The Board finds that the variance request is not self
induced since site constraints warrant its approval.
3.
The approval of this variance would not constitute a
rezoning since residential single family uses are
permitted by right in the R-25 Zone.
4.
No aspects of this project have been identified which
would constitute a nuisance.
JK/03/CAB23-2047wp59(12-7-90/2)
Applicant:
Case No:
Subject:
Location:
I.
RESOLUTION NO. OE90- 2~
CONDITIONS OF APPROVAL
ATTACHMENT "B"
Horst
90-247 V
Variance from rear setback
1058 Third 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, to be found satisfactory by the
Community Development Department.
1.
STANDARD CONDITIONS
GENERAL CONDITIONS
F.
A.
This approval will expire in two years, on October
13, 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.
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.
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
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.
Permits from other agencies will be required as
follows:
JK/03/CAB23-2047wp510(12-7-90/2)
G.
Coastal Commission
Project is approved as submitted/modified as
evidenced by the site plan and elevations received
by the City of Encinitas on October 24, 1990, and
signed by a City Official as approved by the Old
Encinitas Community Advisory Board on December 13,
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:
4.
FIRE
A.
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.
B.
Address 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. Permanent address
numbers shall be displayed on this monument.
C.
structures will be protected by automatic fire
sprinkler systems. Sprinkler systems shall be
installed to the satisfaction of the Encinitas Fire
Protection District.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
5.
None.
GRADING CONDITIONS
6.
A.
DRAINAGE CONDITIONS
B.
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.
JK/03/CAB23-2047wp511(12-7-90/2)
7.
STREET CONDITIONS
A.
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.
8.
UTILITIES
A.
The developer shall comply with all the rules,
regulations and design requirements of the
respective utility agencies regarding services to
the project.
B.
The developer shall be responsible for coordination
with SDG&E, Pacific Telephone, and Cable TV
authorities.
C.
All proposed utilities within the project shall be
installed underground including existing utilities
unless exempt by the Municipal Code.
JK/03/CAB23-2047wp512(12-7-90/2)