1987-11
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RESOLUTION NO. C-87-011
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMMUNITY ADVISORY BOARD APPROVING A VARIANCE FROM
SECTION 4810 OF THE ZONING ORDINANCE
FOR PROPERTY LOCATED AT 2420 NEWCASTLE AVENUE
WHEREAS, Ken Wiant representing 2420 Newcastle, a California
Limited Partnership, applied for a Variance from section 4810 of
the Zoning Ordinance to allow the 2
car garage for a single
family residence to encroach into a required 5' side yard setback
by 2' for property located at 2420 Newcastle Avenue;
WHEREAS, a public hearing was conducted on the application
V87-059 on August 26, 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 submitted and considered to include
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 V87-059 dated July 29, 1987, and
August 26, 1987 which is incorporated by this reference
as though fully set forth herein; and
e.
Additional written documentation.
NOW,
BE IT RESOLVED by the Cardiff-by-the-Sea
THEREFORE,
Community Advisory Board of the City of Encinitas that:
1.
The applicant's property is physically special and
unique in contrast with other lots in the same
vicinity, for the reason set forth in Item A of the
staff report;
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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, for the reasons set forth in
Item B of the staff report;
3.
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;
4.
The granting of this variance would grant a privilege
that is enjoyed by other property in the vicinity, for
the reasons set forth in Item D of the staff report;
and
V87-059 is hereby APPROVED subject to the following conditions:
BE IT FURTHER RESOLVED, that the application for variance
1.
That the garage deck railing be setback 5'
property line on the northerly side;
from the
2.
That there be no windows on the northerly wall of the
garage; and
3.
That a covenant be recorded on the property regarding
the above mentioned conditions.
PASSED AND ADOPTED this 26th day of August,
1987,
by the
following vote, to wit:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
Boardmembers Winkler, Slater, Mac Manus and Shannon
None
Boardmember Hirsch
None
Q w. o.-.t H. ~ k... - -::>
RICHARD MAC MANUS, Chairman
the Cardiff-by-the-Sea
Community Advisory Board
~ó~ ~~J¿.J
. I DA S. NILES /
Assistant Planner
LN/dc/CAB2-187 (9-10-87-1)
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Recording Requested By:
CITY OF ENCINITAS
DEPARTMENT OF COMMUNITY DEVELOPMENT
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SPACE ABOVE FOR RECORDER'S
USE
When Recorded Mail To:
City Clerk
CITY OF ENCINITAS
535 Encinitas Boulevard, suite 100
Encinitas, California 92024
COVENANT REGARDING REAL PROPERTY
2420 Newcastle, A California Limited Partnership
("OWNER"
hereinafter) is the owner of real property described in Exhibit A
which is attached hereto and made a part hereof and which is
commonly known as
2420 Newcastle Avenue, Encinitas, California
("PROPERTY" hereinafter).
In consideration of the approval of
Variance V87-059 to allow the 2 car garage for a single family
residence to encroach into a required 5' side yard setback by 2'
by the City of Encinitas ("CITY" hereinafter), OWNER hereby
covenants and agrees for the benefit of the CITY,
to do the
following:
See Exhibit B which is attached hereto and made a part
hereof and which is Cardiff-By-The-Sea Community
Advisory Board Resolution No. C87-011.
This Covenant shall run with the land and be binding upon
and inure to the benefit of the future owners,
encumbrances,
successors, heirs, personal representatives, transferees and
assigns of the respective parties.
OWNER agrees that OWNER's duties and obligations under this
Covenant are a I ien upon
the
notice
Property.
Upon
and
opportunity to respond, the CITY may add to the tax bill of OWNER
LN/dc/CAB2-187 (9-10-87-1)
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any past due financial obligation owing to CITY by way of the
Covenant.
If either party is required to incur costs to enforce the
provisions of this Covenant, the prevailing party shall be
entitled to full reimbursement of all costs, including reasonable
attorneys' fees, from the other party.
The CITY may assign to persons impacted by the performance
of the Covenant the right to enforce this Covenant against OWNER.
Dated
Owner
(Notarize)
Dated
City of
By
(No Need to Notarize)
LN/dc/CAB2-187 (9-10-87-1)
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Recording Requested By:
CITY OF ENCINITAS
DEPARTMENT OF COMMUNITY DEVELOPMENT
)
)
)
)
)
)
)
)
)
)
)
SPACE ABOVE FOR RECORDER'S
USE
When Recorded Mail To:
City Clerk
CITY OF ENCINITAS
535 Encinitas Boulevard, suite 100
Encinitas, California 92024
COVENANT REGARDING REAL PROPERTY
2420 Newcastle,
A California Limited Partnership
( "OWNER"
hereinafter) is the owner of real property described in Exhibit A
which is attached hereto and made a part hereof and which is
commonly known as
2422 Newcastle Avenue, Encinitas, California
("PROPERTY" hereinafter).
In consideration of the approval of
J
Variance V87-060 to allow the 2 car garage for a single family
residence to encroach into a required 5' side yard setback by 2'
by the City of Encinitas ("CITY" hereinafter), OWNER hereby
covenants and agrees for the benefit of the CITY,
to do the
following:
See Exhibit B which is attached hereto and'made a part
hereof and which is Cardiff-By-The-Sea Community
Advisory Board Resolution No. C87-012.
This Covenant shall run with the land and be binding upon
and inure to the benefit of the
future owners,
encumbrances,
successors, heirs, personal representatives, transferees and
assigns of the respective parties.
OWNER agrees that OWNER's duties and obligations under this
Covenant are a
lien upon
notice
the
Property:.
Upon
and
opportunity to respond, the CITY may add to the tax bill of OWNER
LN/dc/CAB2-187 (9-10-87-1)
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any past due financial obligation owing to CITY by way of the
Covenant.
If either party is required to incur costs to enforce the
provisions
of this
the prevailing
party
shall
be
Covenant,
entitled to full reimbursement of all costs, including reasonable
attorneys' fees, from the other party.
The CITY may assign to persons impacted by the performance
of the Covenant the right to enforce this Covenant against OWNER.
Dated
"~I "
\, ~
1\ \, ~..iL\.; .., é
I '. .
. Owner \
(Notarize)
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(..... ..' '-'l ""y,
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t:
Dated
9j; 'í?ß 1
ò '()
~~
City of
B~ " -<)B\4~ :l
Need to Notarizj1
(Partnership)
STATE OF CALI
COUNT OF
On
¡.gersonally appeared
} ss GLEN:MLE FEDEð~L
' SAVINGS AND LOAN ASSOC~~N
C ' before me the d '
. Il? / ,un erslgned, a Notary Pub" ,
IC In and for said State,
~
me on the baSI'S of sat'sf . ope... III) In'll R ,. -
I 8ctory evide '..u.... prOY8d '0
executed the' h' , :&:: to be the 7:2
of WIt In Instrument 8S .., .iJ(),; Ll. ~ -hi ~o
penners of the '
akno pennershlp th8t execUted th '"
. Wledged to me thet such P8n ' e WIthin Instrument 8nd
. WITNESS my h8nd and off, ' nershlp execUted the same .
ICla sa81, '
OFFICIAL SEAL
IRENE M. SHEPARD
Notary Public-Galifornia
SAN DIEGO COUNTY
My Comm. Exp. Nov. 23. 1990
, Signature Ý.A -' .-4f jI
ff/-
~+~d
GFCA FORM 1249 (L R2/83)
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(This area for off' .
Iclal notarial 88al)
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LN/dc/CAB2-187 (9-10-87-1)