1988-49
RESOLUTION NO. OE - 49
A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD
OF THE CITY OF ENCINITAS APPROVING
APPLICATION 88-233 DR TO EXCEED THE INTERIM HEIGHT REGULATIONS
FOR PROPERTY LOCATED AT 840 SAN DIEGUITO DRIVE
WHEREAS, Charles DuVivier applied for approval of Design
Review Application 88-233 DR to allow for the chimney of a
proposed new single family residence to exceed the height
regulations of Ordinance 87-80 for property located at 840 San
Dieguito Drive, a site legally described as:
The North Half of Lot 5 of Block "K" of ENCINITAS
HIGHLANDS, according to the Map thereof No. 2141, filed in
the Office of the County Recorder of San Diego County,
December 4, 1928.
WHEREAS, a public hearing was conducted on application 88-
233 DR on September 22, 1988 by the Old Encinitas Community
Advisory Board at which time all persons desiring to be heard
were heard; and,
WHEREAS, evidence was submitted and considered to include
without limitation:
1. The application submitted including all plans for
development and a line of sight diagram;
2. The staff report dated September 14, 1988, which is
incorporated by this reference as though fully
setforth herein;
3. Oral information submitted at the hearing; and
4. Additional written documentation.
NOW THEREFORE, BE IT RESOLVED by the Old Encinitas
TC/04/CRO2-94WP 1(9-14-88-2)
Community Advisory Board of the City of Encinitas that:
a. That the projection out of the building envelope does
not significantly impact the views of adjacent
properties, in that the proj ect takes advantage of
views while maintaining some of the significant views
enjoyed by residents of nearby properties.
b. That the project is compatible in structural size
(bulk and mass) to adjacent properties and
neighborhood.
Evidence to Consider: There are no significant views presently
enjoyed by adjacent properties which will be substantially
impacted by the proj ection of the proposed chimney above the
height limitations of Ordinance 87-80.
BE IT FURTHER RESOLVED that the Old Encinitas Community
Advisory Board of the City of Encinitas hereby approves
Application 88-233 DR subject to the following conditions:
1. A Coastal Permit or finding of exemption must be
obtained from the California Coastal Commission prior
to building permit issuance.
2. This approval expires on September 22, 1990 (two
years from date of approval except where construction
or use of the property in reliance on such approval
has commenced prior to its expiration.) If
construction and use of the property in reI iance on
approval has not commenced within the two year
period, said period may be extended by the Old
Encinitas Community Advisory Board at any time prior
to the original expiration date.
3. Prior to the City Building Department issuing a final
inspection on framing, the applicant shall provide a
survey from a civil engineer as to the building
height. Building shall not exceed height shown on
the approved Design Review plans.
TC/04/CRO2-94WP 2(9-14-88-2)
PASSED AND ADOPTED this 22th day of September, 1988, by
the following vote, to wit;
AYES: Couglar, Tobias, Kauflin, Hano, Steyaert
NAYS: None
ABSTAIN: None
ABSENT: None
ATTEST:
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Tom Curriden
Assistant Planner
TC/O4/CRO2-94WP 3(9-14-88-2)