Zoning Administrator approves second dwelling unit

The county’s Zoning Administrator approved a Minor Use Permit to build a second dwelling unit on a Live Oak Park Road property.

Zoning Administrator Rose Garduno’s October 30 decision approved the Minor Use Permit for the existing residence in the 2800 block of Live Oak Park Road. That 1,165 square foot residence will become a second dwelling unit when a new 2,828 square foot house is built as the primary residence.

“The increase in size is appropriate given that this is a fairly large parcel,” Garduno said.

The parcel owned by the Mahr Family Trust is on a lot totaling 11.85 acres. The property has A70 agricultural zoning and an Estate Residential (17) land use designation. The existing house is a single-story structure, and the new home will also be one story and will have similar architectural design, construction materials, and color as the existing house.

A second dwelling unit is limited to 1,200 square feet or 50 percent of the living area of the main dwelling unit, whichever is less. A Minor Use Permit is necessary if the size of the second dwelling unit exceeds 30 percent of the living area of the primary unit.

In addition to the existing residence, the property has two detached garages. One of those totals 892 square feet and contains an office, and the Minor Use Permit stipulates that the office garage will not be used as a habitable structure. The other garage totals 384 square feet. Neither of those garages currently has a building permit and applicant Jan Owen will be required to obtain building permits for those structures before or concurrent with obtaining the building permit for the new house.

The initial staff proposal had a condition requiring building permits for the garages to be obtained prior to obtaining the building permit for the new main structure, but Garduno felt that legalizing the existing structures at the same time a permit was granted for the new home would serve the same purpose. “As we’re working together to clean it up, I think that would be fine,” she said. “I’m not sure there’s a need for them to do it prior to.”

Staff had also requested a continuance to November 13 since the service availability letter from the North County Fire Protection District had expired and Owen was unable to obtain a new service letter prior to the October 30 hearing. Garduno opted instead to grant the Minor Use Permit while adding a condition that the updated service letter be obtained. “It seems pretty straightforward,” she said. “It seems to me a little bit unreasonable to have somebody come all the way down here from Fallbrook.”

The conditions for ensuring that the garage is not used for guest quarters include removing a shower stall in an office bathroom. The conditions also include improving the existing driveway to a width of 16 feet with asphalt concrete paving. The driveway will also have fire turnouts every 400 feet.