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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 -