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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)