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1996-28 RESOLUTION NO. PC-96-28 RESOLUTION OF THE ENCINITAS PLANNING COMMISSION DENYING A DESIGN REVIEW AND COASTAL DEVELOPMENT PERMIT TO ALLOW CONSTRUCTION OF A SINGLE FAMILY DWELLING PROPOSED TO EXCEED THE STANDARD HEIGHT ENVELOPE FOR PROPERTY LOCATED AT 405 LIVERPOOL DRIVE (APN 260-411-01) (CASE NUMBER 96-105 DR/CDP) WHEREAS, a request for consideration of a Design Review and Coastal Development Pennit was filed by Stephan and Beth Beck for the construction of a single family dwelling proposed to exceed the standard 16 ft. height envelope for properties exceeding a 10% slope, in accordance with Chapters 30.16.01OB-7-d (design review) and 30.80 (coastal pennits), of the City ofEncinitas Municipal Code, for the property located at 405 Liverpool Drive, legally described as: (SEE AITACHMENT "A") WHEREAS, a public hearing was held by the Planning Commission on August 22, 1996, and all persons desiring to be heard were heard; and WHEREAS, the Planning Commission considered without limitation: 1. The Planning Commission staff report dated August 22, 1996; 2. The application and associated materials dated received by the City June 20, 1996; 3. Project plans including site plan, floor plans, and elevations, consisting of 6 sheets dated received by the City June 20, 1996. 4. Citizen correspondence submitted. 5. Oral and written evidence submitted at the hearing; WHEREAS, the Planning Commission made the following findings pursuant to Chapters 30.16.01OB-7-d (design review) and 30.80 (coastal permits) ofthé Encinitas Municipal Code: (SEE AITACHMENT liB ") , .', ",E;¡¡"",~",;., , ..Fe"', ,,:r.' NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Encinitas that Design Review 1 Coastal Development Pennit application 96-105 DR/CDP is hereby denied. PASSED AND ADOPTED this 22nd day of August, 1996 by the following vote, to wit: AYES: Bagg, Jacobson, Lanham, Patton, Wells NAYS; None ABSENT: None ABSTAIN: None ce Jacobson, C Planning Commissi ATTEST: - ~ új~A.A. ~ Sandra Holder Secretary ATTACHMENT "A" RESOLUTION NO. PC-96-28 LEGAL DESCRIPTION (CASE NO. 96-105 DR/CDP) Lots 1 & 2, Block "£" of Cardiff, in the City of Encinitas, in the County of San Diego, State of California, according to the Map thereof No. 1298, filed in the Office of the County Recorder of San Diego County, November 14, 1910. ATTACHMENT "B" FINDINGS RESOLUTION NO. PC 96-28 (CASE NO. 96-105 DR/CDP) FACTS: Section 30.16.010B-7-d of the Municipal Code states that buildings may be approved through the Design Review process to exceed the standard height envelope up to a maximum of thirty (30) feet if it can be found that (1 ) "the portion of the building outside of the standard envelope maintains some of the significant views eqjoyed by, residents of nearby properties"~ and (2) "that the building is compatible in bulk and mass with buildings on neighboring properties". The project proposes to construct a new single family dwelling on the project site, in conformance with all development regulations, with the exception of the standard height envelope, which the applicant proposes to exceed by approximately 3 ft. DISCUSSION: According to the applicant, the average slope for the subject property exceeds 10%, and therefore the property is subject to the more restrictive height envelope which pennits residential structures having pitched roofs to project to a height of 16 ft. as measured vertically ftom the center of the uphill right-of-way (alley). The roof-ridge of the structure as proposed would project approximately 3 ft. beyond this 16 ft. envelope. In order for such an encroachment to be authorized, a detennination must be made that the building preserves significant views for neighboring properties. Analysis has been made from adjoining properties and due consideration given to the view impact likely to result ftom the proposed development, and a detennination has been made that the proposed encroachment would not preserve significant views to an acceptable degree. In particular, the property located at 2108 & 2110 Edinberg Avenue would be adversely impacted by the proposed development. This property has experienced an incremental loss of views, as neighboring properties have developed with various additions. Remaining views for this property are to the north over the proposed development site, and directly to the west over an existing dwelling. The proposed 3 ft. encroachment (approx.) would pennit building mass to project directly into and eliminate the remaining ocean view in this sector as viewed ftom the properties at 2108/2110 Edinberg Ave. Additionally, the property located at 2104 Edinberg Avenue, located immediately behind (to the east of) the project site, would experience significant loss of views ftom the primary view conidor for this residence, with the proposed 3 ft. roof projection encroaching into the ocean view. CONCLUSION: The Planning Commission finds that the portion of the building proposed to project outside of the standard envelope would not adequately maintain significant views enjoyed by residents of nearby properties.