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1992-03 RESOLUTION NO. CARD 92-03 A RESOLUTION OF THE CARDIFF COMMUNITY ADVISORY BOARD APPROVING A VARIANCE TO ENCROACH 3 FT. 8 IN. INTO THE REQUIRED 25-FOOT REAR YARD SETBACK OF THE R-8 ZONE FOR A PATIO CONVERSION TO LIVING SPACE TO AN EXISTING SINGLE FAMILY DWELLING AND HINOR USE PERMIT FOR A DAY CARE USE FOR 7-12 CHILDREN FOR PROPERTY LOCATED AT 1917 FREDA LANE (CASE NUMBER 92-022V/HIN; BISSONNETTE/HOLDEN) WHEREAS, a request for consideration of a Variance was filed by Ronald and Judy Bissonnette to allow a 3 ft. 8 in. encroachment into the required 25 ft. rear yard setback for the construction/ legalization of a patio-to-living space conversion to an existing single family dwelling per Chapter 30.78 of the City of Encinitas Municipal Code, and Minor Use Permit to allow for a Family Day Care Home (Large), providing day care for 7 to 12 more children, for the property located at 19l7 Freda Lane, legally described as: Lot 166 of POINSETTIA HEIGHTS UNIT NO.4, in the city of Encinitas, County of San Diego, State of California, according to the Map thereof No. 4558, filed in the office of the County Recorder of San Diego County, June 9, 1960. WHEREAS, a public hearing was conducted on the application on March 23, 1992; WHEREAS, the Community Advisory Board considered: 1. The staff report dated March 16, 1992: 2. The Variance application and Statement of Justification submitted by the applicant received February 10, 1992: 3. Statement of Justification for Minor Use Permit dated received March 5, 1992: 4. Oral evidence submitted at the hearing: 5. Written evidence submitted at the hearing: and WHEREAS, the Cardiff Community Advisory Board made the following findings pursuant to Chapter 30.78 of the Encinitas Municipal Code: (SEE ATTACHMENT II A ") JK/92022V.RES (3-16-92) 1 NOW, THEREFORE, BE IT RESOLVED by the Cardiff Community Advisory Board of the City of Encinitas that application 92-022V/ MIN is hereby approved subject to the following conditions: (SEE ATTACHMENT "B") BE IT FURTHER RESOLVED by the Cardiff Community Advisory Board of the City of Encinitas that: This proj ect was found exempt from environmental review under Sections 15301 (e) and 15305 (a) of the State CEQA guidelines. NOW, THEREFORE, BE IT RESOLVED by the Cardiff Communi ty Advisory Board of the City of Encinitas that application 92-022V/ MIN is hereby approved. PASSED AND ADOPTED this 23rd day of March 1992, following vote, to wit: by the AYES: Anderson, Crimmins, Grossman, Hall NAYS: Mac Fall ABSENT: None ABSTAIN: None . avid L. An r on :4-~ Chairman of the Cardiff Community Advisory Board ATTEST: ,/ ,/ ,,1'/ / :;'J::'/.i( --.;.. ',"'ý'.~.' J~ Kennedy / Junior Planner .// JK/92022V.RES (3-16-92) 2 ATTACHMENT nAn Resolution No. CARD 92-03 Case No. 92-022V/MIN 1. FINDINGS FOR A VARIANCE A. In reference to Municipal Code 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. Facts: The proposal is to encroach 3 ft. 8 in. on one corner for a patio conversion (the amount of encroachment for the other corner of the subject conversion is approximately 1 ft. 5 in. The "standard" lot depth in the R-8 Zone is 90 ft; the subject lot is 87.5 ft. in depth on the south side. The average lot depth for houses on this block of Freda Lane is closer to 100 ft. The usable rear yard area behind the subj ect dwelling is substantially restricted by a steep slope. On top of this steep slope is the rear property line, behind which is a drainage channel area of approximately four ft. in width, behind which is the rear yard fence (four ft. beyond the actual property line). Discussion: The subject property is substandard in depth by 2.5 ft on the south property line, and the amount of usable rear yard area in substantially reduced by a steep slope limiting other potential uses in the yard. The four foot offset of the rear yard fence on the top of the slope creates an additional four ft. of visual setback. Conclusion: The Board determines that special circumstances apply to the proposal since the lot depth along the south property line is only 87.5, making the subject site's lot depth measurably less than other properties in the area, and since the site's rear yard is substantially impacted by a steep slope which would limit the location of any other potential detached recreational rooms. B. In reference to Municipal Code Section 30.78.024 (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 JK/92022V.RES (3-16-92) 3 limitations upon other properties in the same vicinity and zone in which property is situated. Facts: The subj ect property's lot depth and area is comparatively less than the average for other properties in the surrounding area. Discussion: The site has a relatively restrictive building envelope which results from a comparatively small lot. When combined with a rear yard constrained by a steep slope, the project site has restricted space to expand living area and otherwise limited useful rear yard area. Conclusion: The board finds that the approval of this Variance request would not constitute a grant of special privileges since the project site is constrained with a relatively small building envelope due to lot dimensions and topography not typical of other properties in the same vicinity and zone. C. In reference to Municipal Code Section 30.78.024 (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. Conclusion: The subject site is zoned residential (R-8) and the proposed patio conversion would maintain a residential use. D. In reference to Municipal Code Section 30.78.024 (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 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 consti tute a rezoning or other amendment to the zoning code: 4. Would authorize or legalize the maintenance of any public or private nuisance. JK/92022V.R~S (3-16-92) 4 4. 1. Facts: The subject patio conversion is 19 ft. deep x 21 ft. 8 in width. The conversion relies on an existing "footprint" and does not expand the original area, for a patio area originally constructed in 1961. Discussion: The patio conversion is not an expansion of the existing footprint, and is for a site which has a relatively restrictive rear yard area. Conclusion: The Board finds that the Variance request could not reasonably be avoided by an alternate development plan since the project is not expanding on an existing building footprint, and since the project site is subject to a relatively restrictive building envelope. 2. Facts: The project site is relatively small compared to nearby properties and, when combined with the slope- constrained rear yard, has a relatively restrictive usable area in the rear yard. Discussion: The project site is relatively small compared to nearby properties and, when combines with the slop-constrained rear yard, has a relatively restrictive usable area in the rear yard. Conclusion: The Board finds that the Variance is not self-induced since existing site conditions (lot size and topography) result in a building envelope, and especially rear yard, which is substantially constrained when compared to other properties in the area. 3. Conclusion: The Board finds that this variance would not constitute a rezoning or other amendment to the zoning code since the continuation of a residential use would be consistent with the zoning code. Conclusion: The Board finds that this variance would not legalize the maintenance of any public or private nuisance. 2. Findings for a Hinor Use Permit: A. The location, size, design or operating characteristics of the proposed project will not be incompatible with and will not adversely affect and will not be materially detrimental to adj acent uses, residences, buildings, structures or natural resources, with consideration given to, but not limited to: (1) (2) The adequacy of public facilities, services and utilities to serve the proposed project: The suitability of the site for the type and JK/92022V.R~S (3-16-92) 5 intensity of use or development which is proposed: and The harmful effect, if any, upon environmental quality and natural resources of the city. Facts: The proposed Family Day Care Home for 7 - 12 children will be located in and existing single family home which will continue to be adequately served by public facilities, will conform with density requirements, and is exempt from Environmental Review. (3) Discussion: The project will be adequately served by all necessary facilities, will conform to density requirements, and constitutes a land use which is not incompatible with the surrounding residential character in that child care activities routinely occur in residential zones, and since this day care operation would be operated in a facility which has required state licenses, meets City Fire Dept. requirements for exiting, smoke detectors and receptacle requirements, and is provided with adequate interior areas and fenced exterior areas. Conclusion: The Board finds that the proposed day care use will be served adequately by public facilities, will be suitable for type and intensity of use, will not be incompatible with the project site or surrounding area, and will be exempt from Environmental Review. B. The impacts of the proposed project will not adversely affect the policies of the Encinitas General Plan or the provisions of this Code. Facts: The primary single family residential use will continue and the proposed day care use is permitted in any residential zone unless found to be incompatible. Discussion: The single family residential use will continue. The proposed day care use is permitted in any residential zone with the approval of a Minor Use permit. Conclusion: The Board finds that the proposed Family Day Care Home will not adversely affect the policies of the Encinitas General Plan. C. The project complies with all other regulations, conditions or policies imposed by this Code. Conclusion: The Board determines that the subject proposal will comply with all other requirements of this Code. JK/92022V.R~S (3-16-92) 6 Applicant: Case No. Subject: Location: 1. ATTACHMENT nBn CONDITIONS OF APPROVAL Resolution No. CARD 92-03 Case No. 92-022V/HIN Bissonnette/Holden 92-022V/MIN Conditions of approval for a Variance Permit for an addition to an existing duplex structure and Minor Use Permit for a Family Day Care Home for 7-12 children. 1917 Freda Lane A. GENERAL CONDITIONS B. C. D. E. F. G. H. Unless substantial construction has been completed in reliance upon this variance approval within one year, said approval will expire on March 23, 1993, at 5:00 p.m. unless the conditions have been met or an extension has been approved by the Authorized Agency. This approval may be appealed to the authorized agent within 15 days from the date of this approval. The project is approved as submitted and shall not be altered without review and approval by the authorized agency. Nothing in this permit shall relieve the applicant from complying with the conditions and regulations generally imposed upon activities similar in nature to the activity authorized by this permit; 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. 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 submittal. Permits from other agencies will be required as follows: - California Coastal Commission In the event that the conditions of this permit are not satisfied, the Planning Department shall cause a noticed JK/92022V.R~S (3-16-92) 7 2. C. hearing to be set before the Community Advisory Board to determine why the City should not revoke this permit. G. The applicant shall be caused 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 Coummunity Development. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: SITE DEVELOPHENT A. Prior to issuance of building permits, all appropriate conditions of approval contained herein shall be completed to the satisfaction of the Director of Community Development. Other conditions shall be satisfied prior to final inspection. B. A plan shall be submitted for approval by the Director of Planning and Community Development and the Encinitas Fire Protection District regarding the treatment of the site during the construction phase, and the circulation and parking of construction workers' vehicles and any heavy equipment needed for the construction of the project. All cost recovery fees associated with the processing of the subject application shall be paid to the Department of Planning and Community Development prior to the issuance of building permits. THESE ITEMS HUST BE COHPLETED PRIOR TO FINAL FIRE DISTRICT APPROVAL. APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 3. FIRE A. B. Address numbers shall be clearly visible from the street fronting the structure. Height of numbers shall conform to Fire District Standards. Where structures are located off a roadway on long driveways, a monument marker shall be placed at the entrance where the driveway intersects the main roadway. Permanent numbers shall be affixed to this marker. Prior to final recordation or development approval, the applicant shall submit to the Planning Department a letter from the Fire District stating that all JK/92022V.R~S (3-16-92) 8 development impact, plan check and/or cost recovery fees have been paid or secured to the satisfaction of the Fire District. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING COHPLIANCE WITH THE FOLLOWING CONDITIONS: 4. Public Works Drainaqe 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. utilities B. The developer shall comply with all the rules, regulations and design requirements of the respective utility agencies regarding services to the project. C. The developer shall be responsible for coordination with S.D.G & E., Pacific Telephone, and Cable TV authorities. D. All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. E. The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required. JK/92022V.R~S (3-16-92) 9