1987-12
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RESOLUTION NO. C-87-012
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 2422 NEWCASTLE AVENUE
WHEREAS, Ken Wiant representing 2422 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 2422 Newcastle Avenue;
WHEREAS, a public hearing was conducted on the application
V87-060 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;
written information submitted with the application;
b.
c.
Oral testimony from staff, applicant, and public made a
part of the record at said public hearing;
d.
CAB staff report V87-060 dated July 29, 1987, and
August 26, 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 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
BE IT FURTHER RESOLVED, that the application for variance
V87-060 is hereby APPROVED subject to the following conditions:
1.
That the garage deck railing be set back 5' from the
property line on the southerly side;
2.
That there be no windows on the southerly wall of the
garage;
3.
That additional landscaping be added on the southerly
property line in the garage encroachment area;
4.
That appropriate drainage be included on the south side
of the site to the satisfaction of the City of
Encinitas Building Department; and
5.
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:
Boardmembers Winkler, Slater, Mac Manus, and Shannon
None
Boardmember Hirsch
None
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RICHARD MAC MANUS, Chairman
the Cardiff-by-the-Sea
Community Advisory Board
ATTEST:
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LI DA S. NILES
Assistant Planner
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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
2422 Newcastle Avenue, Encinitas, California
("PROPERTY" hereinafter).
In consideration of the approval of
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 the
Property.
notice
Upon
and
opportunity to respond, the CITY may add to the tax bill of OWNER
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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)
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