1988-07A
8
8
8
RESOLUTION NO. C-88-007A
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMMUNITY ADVISORY BOARD DENYING A VARIANCE FROM
SECTION 4835, 10 OF THE ZONING ORDINANCE FOR
PROPERTY OF LOTS 17 & 18, IN BLOCK 22,
OF CARDIFF, MAP 1298, COUNTY OF SAN DIEGO
(COMMONLY KNOWN AS 2264 AND 2266 MONTGOMERY AVENUE, ENCINITAS)
WHEREAS, Greg Oxhorn and Dave Ward, applied for a Variance
from section
10 of the zoning Ordinance to allow two
4835,
second floor decks of two zero lot line single
family dwelling
units to encroach into the required 25' rear yard setback by
10' for property located at 2264 and 2266 Montgomery Avenue;
WHEREAS, a public hearing was conducted on the application
8-158-V on March 21, 1988, by the Cardiff-by-the-Sea Community
Advisory Board, at which time all persons desiring to be heard
were heard; and,
WHEREAS,
evidence
submi tted and considered to
was
include without limitation:
a.
Site plan submitted by the applicant;
written information submitted with the application;
Oral testimony from staff, applicant, and public made
a part of the record at said public hearing;
CAB staff report (88-158-V) dated February 3, 1988,
which is on file in the Department of Planning and
Community Development; and
Additional written documentation.
b.
c.
d.
e.
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,
since it is located in the center of the 25' lot area of
Cardiff, and other properties in the vicinity and same
zone are of the restricted 25' lot size.
LN/CAB11b-0157wp
8
8
8
2. The privilege sought by the applicant is not
inconsistent with the limitation upon other properties in
the vicinity, and could not be enjoyed by owners of
property in the vicinity, since other single family
dwellings, apartments and duplexes in the same vicinity
would be required to conform with the zoning Ordinance
section 4835, Item 10 which does not permit 2nd floor
decks to encroach into any required yard.
3. The granting of this Variance would not authorize a
use that is not expressly authorized by the zoning
regulations, since single family dwelling units are
allowed in the zone.
4. The granting of this Variance would not grant a
privilege not enjoyed by other property in the vicinity,
since no alternate plan could be utilized; the situation
was not self enduced since the property was purchased
already built; the request would not constitute a rezoning
since signle family homes and associated decks are
allowed; the request would not authorize a public
nuisuance, since other single family homes in the
vicinity have second floor decks.
BE IT ALSO RESOLVED THAT the application for Variance 88-
158-V is hereby DENIED.
PASSED AND ADOPTED this 21st day of March, 1988, by the
following vote, to wit:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Boardmembers Winkler, Mac Manus, Shannon, and Slater
None
Boardmember Hirsch
None
ATTEST:
Q~,- Q- ~',tt...-
RICHARD MAC MANUS, Chairman of the
Cardiff-by-the-Sea Community
Advisory Board
-
LI DA S. NILES
Assistant Planner
LN/CAB11b-0157wp
-