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1992-13 RESOLUTION NO. C-92-13 A RESOLUTION OF THE CARDIFF COMMUNITY ADVISORY BOARD APPROVING A VARIANCE TO ALLOW AN "AS-BUILT" LIVING ROOH TO ENCROACH 10'4" INTO THE REQUIRED 25 FT REAR YARD SETBACK, TO ALLOW AN nAS-BUILT" 1-CAR GARAGE TO ENCROACH 3' 9" INTO THE REQUIRED 25 FT FRONT YARD SETBACK, AND TO ALLOW ONE OF THE REQUIRED TWO PARKING SPACES TO BE LOCATED IN THE FRONT YARD SETBACK OF THE R-8 ZONE FOR PROPERTY LOCATED AT 960 EMMA DRIVE (CASE NUMBER 92-139 V) WHEREAS, a request for consideration of a Variance was filed by Mr. Louis Peeters to allow an "as-built" living room to encroach into the required 25 ft rear yard setback, to allow an "as-built" 1-car garage to encroach into the required 25ft front yard setback, and to allow one of the required two parking spaces to be located in the front yard setback of the R-8 zone per Chapters 30.16 and 30.78 of the City of Encinitas Municipal Code and section 1 of the City Off-Street Parking Design Manual, for the property located at 960 Emma Drive, legally described as: Lot 11 of Playa Riviera unit No.1, according to Map thereof No. 4946, filed in the Office of the County Recorder of San Diego County April 11, 1962. WHEREAS, a public hearing was conducted on the application on August 24, 1992; WHEREAS, the Community Advisory Board considered: 1. The staff report dated August 18, 1992; 2. The application, site plan, floor plan, elevations and Statement of Justification submitted by the applicant dated received July 28, 1992; 3. site plan with location of retaining wall and slopes indicated dated received August 20, 1992: 4. Petition from 12 neighbors in support of the variance request dated August 18, 1992: 5. Oral testimony from staff, applicant, and public made a part of the record at said public hearing: 6. written testimony submitted at said public hearing: WHEREAS, the Cardiff Community Advisory Board made the following findings pursuant to Chapter 30.78 of the Encinitas Municipal Code: (SEE ATTACHMENT "A") MN\92139V.SR (8-18-92) 6 NOW, THEREFORE, BE IT RESOLVED by the Cardiff Community Advisory Board of the City of Encinitas that application 92-139 V 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 project was found to be exempt from environmental review under Section 15301 (e) of the State CEQA Guidelines. PASSED AND ADOPTED this 24th day of August 1992, following vote, to wit: by the AYES: Crimmins, Fullwood, Grossman, Hall, Mac Fall NAYS: None ABSENT: None ABSTAIN: None Q~ A. dJ Bruce N. Hall, Chairman of the Cardiff Community Advisory Board ATTEST: MN\92139V.SR (8-18-92) 7 ATTACHMENT "A" Resolution No. C-92- Case No. 92-139 V Applicant: Louis Peeters Findings: Conclusion) (Code section, Factual Circumstances, Reasoning, 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. In reference to the Municipal Code Section 30.87. 030A, 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 a variance to allow an "as-built" living room to encroach into the required 25 ft rear yard setback, to allow an "as-built" 1-car garage to encroach into the required 25 ft front yard setback, and to allow one of the required two parking spaces to be located within the front yard setback of the R-8 zone per section 30.16.010 A7 and 10 of the Municipal Code. The length of the 1-car garage encroachment is 16 ft and it is in line with the converted garage. The length of the rear yard encroachment is 22'11" and the distance of the living room addition from the rear property line varies from a minimum 14'8" at it's west side to a maximum 19'6" at it's east side. The dimensions of a standard parking space is 9' x 18' per section 1 of the Off- Street Parking Design Manual, and the parking space is proposed on the existing driveway in front of the converted garage. The lot size is 8,535 sq ft and is generally rectangular in shape except that it fronts on the curve of Emma drive with dimensions of 78-100' x 80-100' which is small for lots in this neighborhood. The lot has a level building pad that is significantly graded with a minimum 10 ft high 2:1 planted slope with retaining wall in each of the side yards. In addition, the front portion of the property slopes from east to west following the grade of Emma Drive. Discussion: special circumstances are applicable to this property due to the size, shape and topography of the lot, and location of the existing building on the lot. Although the one-car garage addition is in line with the converted garage, it encroaches into the front yard setback because it is MN\92139V.SR (8-18-92) 8 fronting on the curve of Emma Drive. In addition, both required parking spaces cannot be provided within a larger garage addition since it's minimum width would be at least 18' 6" (30 II wider than existing) which would el iminate any ability to walk around the garage without the construction of a high retaining wall due to the steep slope on the east side of the property. Finally, due to the orientation of the house on the lot, there is no large area on the lot which would enable the construction of a living room addition without the benefit of a variance which may be a privilege enjoyed by others in the neighborhood with deeper lots. Conclusion: Therefore, the Board finds that special circumstances are applicable to the project due to the size, shape, and topography of the lot, and location of the existing building on the lot. B. In reference to the Municipal Code Section 30.78.030B, 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 property is situated. Facts: The proposal is a variance to allow an "as-built" living room to encroach into the required 25 ft rear yard setback, to allow an "as-built" 1-car garage to encroach into the required 25 ft front yard setback, and to allow one of the required two parking spaces to be located within the front yard setback of the R-8 zone per Section 30.16.010 A7 and 10 of the Municipal Code. The lot size is 8,535 sq ft and is generally rectangular in shape except that it fronts on the curve of Emma drive with dimensions of 78-100' x 80-100' which is small for lots in this neighborhood. Numerous other lots in the neighborhood are at least 100 ft deep and rectangular in shape. Discussion: other lots in the neighborhood are generally ei ther deeper, wider or have a rectangular shape and the building is squarely oriented on the site. Therefore, other property owners in the neighborhood generally have a larger or deeper building pad to construct the type of addition that the applicant is requesting to legalize without the need for a variance. Conclusion: The Board finds that a grant of this variance does not constitute a grant of special privileges since, in general, other property owners may construct the type of garage and living room addition that the applicant is requesting to legalize without the need for a variance. MN\92139V.SR (8-18-92) 9 C. In reference to the Municipal Code section 30.78.030C 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. Facts: The proposal is a variance to allow an "as-built" living room to encroach into the required 25 ft rear yard setback, to allow an "as-built" 1-car garage to encroach into the required 25 ft front yard setback, and to allow one of the required two parking spaces to be located within the front yard setback of the R-8 zone per section 30.16.010 A7 and 10 of the Municipal Code. The use on the property is a single family residence and no changes in use are proposed in conjunction with this variance request. Discussion: Single family residential uses are expressly permitted in the R-8 zone per Section 30.09 of the Municipal Code and no changes is use are proposed in conjunction with this variance request. Conclusion: Therefore, the Board finds that the grant of the variance will not authorize a use or activity that is not expressly permitted in the R-8 zone. D. In reference to the Municipal Code section 30.78.030D, 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 constitute a rezoning or other amendment to the zoning code: 4. Would authorize or legalize the maintenance of any public or private nuisance. Facts: The proposal is a variance to allow an "as-built" living room to encroach into the required 25 ft rear yard setback, to allow an "as-built" 1-car garage to encroach into the required 25 ft front yard setback, and to allow one of the required two parking spaces to be located within the front yard setback of the R-8 zone per section 30.16.010 A7 and 10 of the Municipal Code. The previous owner converted the 2-car garage into a kitchen/dining room, constructed the 1-car MN\92139V.SR (8-18-92) 10 garage and the living room addition without benefit of a variance or Building Permit. The lot has a level building pad that is significantly graded with a minimum 10 ft high 2:1 planted slope with retaining wall in each of the side yards. In addition, the front portion of the property slopes from east to west following the grade of Emma Drive. Discussion: There are no feasible alternate development plans which would provide a similarly sized room and garage addition and would be less impacting to the si te and neighboring properties than that which exists. Although the single car garage addition could have been constructed at least 30" wider in order to accommodate 2 cars and eliminate the need for the variance for 1 parking space in the front yard setback, this would require a high retaining wall on the east side of the site to provide area for the wider garage and access path around the building. This 18'6" wide garage design option is more impacting to the site due to the resulting visual impact from a tall retaining wall. In addition, there is sufficient space in the driveway for the required parking space. Finally, there is no feasible alternate development plan which would enable the construction of a room addition anywhere else on the lot since the existing building is constructed to the front and rear yard setback line, and the are steep slopes in both side yards. with regard to Findings D2, D3 and D4, the variance request is not self-induced because the need for the variance is the resul t of lot size, shape, topography and building orientation. In addition, the variance request does not constitute a rezoning since the need for the variance is a result of building constraints on the site. Finally, the grant of this variance does not legalize the maintenance of a private or public nuisance. Conclusion: Therefore, the Board finds that no alternate development plan is feasible which would be less impacting to the site and adjacent properties, that the variance request is not self induced, and that the approval of this variance will not result in a new front or rear yard setback standard or legalize the maintenance of any public or private nuisance. MN\92139V.SR (8-18-92) 11 ATTACHMENT "B" Resolution No. C-92- Case No. 92-139 V Applicant: Louis Peeters Conditions: 2. D. II. 1. Buildinq DeDartment: Plans shall be submitted to the Building Department for plan check approval. A complete plan check will be done when plans are submitted to the Building Department. Fire DeDartment: Prior to building permit issuance, applicant shall submit a statement from the Fire District to the Community Development Department indicating that all development impact, plan check and/or cost recovery fees have been paid. Address numbers shall be clearly visible from the street fronting the structure. The height of the numbers shall conform to the Fire District Standards. 3. Enqineerinq: 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. community DeveloDment I. SPECIFIC CONDITIONS 1. 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 Community Development. 2. The applicant shall obtain Building Permits for the garage conversion, garage addition and living room addition within 6 months of the date of this approval, prior to February 24, 1993, or obtain an extension from the Director of Community Development. STANDARD CONDITIONS GENERAL CONDITIONS: 1. This approval will expire in one year, on August 24, 1993 at 5: 00 p.m. unless the conditions have been met or an extension has been approved by the Authorized Agency. MN\92139V.SR (8-18-92) 12 2. 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. 3. 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. 4. Permits from other agencies will be required as follows: state Coastal Commission 5. Project is approved as submitted/modified as evidenced by the site plan, floor plans, and elevations dated received by the City of Encinitas on July 28, 1992, and signed by a City Official as approved by the Cardiff community Advisory Board on August 24,1992, and shall not be altered without Community Development Department review and approval. 6. A proponent or 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. SITE DEVELOPMENT 7. 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, Fire Mitigation 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. 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