1987-01
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RESOLUTION NO. C-87-01
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMMUNITY ADVISORY BOARD DENYING A VARIANCE FROM
SECTIONS 4810 AND 4835 OF THE ZONING ORDINANCE
FOR PROPERTY LOCATED AT 447 BRISTOL ROAD, ENCINITAS
WHEREAS, Marilyn and Bernard Patryla, applied for a Variance
from Sections 4810 and 4835 of the Zoning Ordinance to allow a
single family residence second floor addition and deck to encroach
into a required 25'
rear yard setback by 12
1/2 '
for property
located at 447 Bristol Road;
WHEREAS,
a public hearing was conducted on the application
V87-056 on June 24, 1987, by the Cardiff-by-the-Sea Community
Advisory Board, at which time all persons desiring to be heard were
heard; and,
WHEREAS,
evidence was
include
submi tted and
considered to
without limitation:
a.
site plan submitted by the applicant;
b.
written information submitted with the application;
c.
Oral testimony from staff, applicant, and public made a
part of the record at said public hearing;
d.
CAB staff report dated June 24, 1987, which is
incorporated by this reference as though fully setforth
herein; and
e.
Additional written documentation.
NOW, THEREFORE, BE IT RESOLVED by the Cardiff-by-the-Sea
Community Advisory Board of the City of Encinitas that:
1.
The applicant's property is not physically special and
unique in contrast with other lots in the same vicinity,
and the strict application of the zoning ordinance does
not deprive the property of privileges enjoyed by other
property in the vicinity.
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2.
The privilege sought by the applicant is not inconsistent
with the limitation upon other properties in the vicinity
and zone, since other properties in the vicinity would be
required to develop to existing standards.
The variance will not be granted for the parcel of
property which authorizes a use or activity which is not
otherwise expressly authorized by the zoning regulation
governing the parcel of property, for the reasons set
forth in Item C of the staff report.
3.
4.
The granting of this variance would grant a privilege
that is not enjoyed by other property in the vicinity,
since an alternate development plan could be utilized,
and the need for the variance is self-induced by the
property owner.
BE IT ALSO RESOLVED THAT the application for variance V87-056
is hereby DENIED.
PASSED AND ADOPTED this 24th day of June,
1987,
by the
following vote, to wit:
AYES:
Board Members Hirsch, MacManus, Slater, and Winkler
NAYS:
None
ABSENT:
Board Member Shannon
ABSTAIN:
Q~a-Q Ì1.1A:- ~~
RICHARD MACMANUS, Chairman of
the Cardiff-by-the-Sea Community
Advisory Board
None
ATTEST:
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