1988-12
8
8
8
RESOLUTION NO.
C-88-012
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMMUNITY ADVISORY BOARD APPROVING A VARIANCE
SECTION 4810 OF THE ZONING ORDINANCE FOR
PROPERTY OF LOTS 9 & 10, IN BLOCK 65,
OF CARDIFF VILLA TRACT, MAP 1469 COUNTY OF SAN
(COMMONLY KNOWN AS 2030 AND 2034 MANCHESTER AVENUE,
FROM
DIEGO
ENCINITAS)
WHEREAS, Terry and Tracy Wardell applied for a Variance
from Section
4810 of the Zoning Ordinance to allow two zero
lot line single
family dwelling units to encroach into the
required 50' front
yard setback by 10' for property located at
2030 and 2034 Manchester Avenue;
WHEREAS, a public hearing was conducted on the application
8-044-V on April 11, 1988, 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;
Oral testimony from staff, applicant, and public made
a part of the record at said public hearing;
CAB staff report (88-044-V) dated April 8, 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 physically special and
unique in contrast with other lots in the same vicinity,
since it is located in an unusual 2 1/2 block area of
Cardiff that requires a 50' from centerline setback that
is inconsistent with the standard 35' from centerline
setback in the 25' lot area.
LN/ln/CABll-601wp
8
2. The privilege sought by the applicant is consistent
with the limitation upon other properties in the vicinity,
and is being enjoyed by owners of property in the
vicinity, since other single family dwellings, apartments
and duplexes in the same vicinity have been developed to
the 35' from centerline setback.
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 other properties are presently built at the 35' from
centerline setback, and the City is recommending a change
to the zoning ordinance to allow a special centerline "J*"
setback designator for this 2 1/2 block area, the
situation was not self-induced, an alternate development
plan could be accomplished but it would not be more
restrictive than other development in the neighborhood,
and the project would not legalize a public nuisance or
constitute a rezoning since it is a single family
residences are allowed in the zone.
BE IT ALSO RESOLVED THAT the application for Variance 88-
8
044-V is hereby APPROVED.
PASSED AND ADOPTED this 11th day of April, 1988, by the
following vote, to wit:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Boardmembers Shannon, Hirsch, Slater and Winkler
None
None
None
ANN SiiANNON, Chairman of the
rdiff-by-the-Sea .
ommunity Advisory Board'
ATTEST:
~o . /~ C!
. fJ-h '- ~/ ...y' ~ ¿'
I DA S. NILES
Assistant Planner
8
LN/ln/CAB11-601Wp