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1988-14A 8 8 8 RESOLUTION NO. C-88-014A A RESOLUTION OF THE CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD APPROVING A VARIANCE FROM SECTION 6708,B OF THE ZONING ORDINANCE FOR PROPERTY OF LOT 147 OF POINSETTIA HEIGHTS UNIT NO.4, MAP 4558, COUNTY OF SAN DIEGO (COMMONLY KNOWN AS 973 BIRMINGHAM DRIVE, ENCINITAS) WHEREAS, Anthony Fisher, from applied a Variance for section 6708, B of the Zoning Ordinance to allow a fence to exceed the required 3 1/2 ' height limit in the front yard setback by a maximum of 2 1/2' (for a total of 6' in height) for a single family dwelling unit located at 973 Birmingham Drive; WHEREAS, a public hearing was conducted on the application 88-018-V April 1988, by the Cardiff-by-the-Sea 11, on community Advisory Board, at which time all persons desiring to be heard were heard; and, WHEREAS, evidence was submi tted 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 (88-018-V) dated April 7, 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, for the reasons set forth in Item A of the staff report; LN/ln\CAB11-600wp (4-7-88) 8 8 8 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 enj oyed by other property in the vicinity, for the reasons set forth in Item D of the staff report; and BE IT ALSO RESOLVED THAT the application for Variance 88- 018-V is hereby APPROVED. PASSED AND ADOPTED this 11th day of April, 1988, by the following vote, to wit: AYES: Winkler, Slater, Shannon NAYS: None ABSENT: Hirsch ABSTAIN: None JO ANN SHANNON, Chairman of the Cardiff-by-the-Sea Community Advisory Board ATTEST: ~ù >j1 ~.~. / L S. NILES Assistant Planner LN/ln\CABll-600wp (4-7-88) -' 8 8 8 RESOLUTION NO. A RESOLUTION OF THE CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD APPROVING AN ADMINISTRATIVE DESIGN REVIEW PERMIT FOR PROPERTY OF LOT 147, POINSETTIA HEIGHTS UNIT NO.4, MAP 4558, COUNTY OF SAN DIEGO, CITY OF ENCINTAS (COMMONLY KNOWN AS 973 BIRMINGHAM DRIVE) WHEREAS, Anthony Fisher, applied for an Administrative Design Review permit single for fence family for a one dwelling unit as per Chapter 23.08 Design Review, of the City of Encinitas Zoning Ordinance; WHEREAS, application Administrative on the Review conducted was by the Director of Community Development and a public hearing was held by the Cardiff-by-the-Sea Community Advisory Board on April 11, 1988, and all persons desiring to be heard were heard; and WHEREAS, evidence was submitted and considered to include without limitation: a. b. 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 (88-018-DR) dated April 7, 1988 which is on file in the Department of Planning and Community Development; and Additional written documentation. c. d. e. NOW THEREFORE, BE IT RESOLVED by the Cardiff-by-the-Sea Communi ty Advisory Board of the ci ty of Encini tas that the Administrative Design Review permit for a fence for one single family dwelling unit is subject hereby approved to the following findings: LN/ln\CABll-600wp (4-7-88) 8 - 8 That the proposed proj ect is in conformance with the intent of section 23.08.72 of the Design Review Ordinance, since the project is consistent with subsections A through D; 1. That the proposed project is in conformance with the intent of Section 23.08.74 of the Design Review Ordinance, since the project is consistent with subsections A through J; 2. PASSED AND ADOPTED following vote, to wit: this 11th day of April, 1988 by the AYES: Winkler, Slater, Shannon NAYS: None ABSENT: Hirsch ABSTAIN: None LN/ln/CAB11-600wp (4-7-88) ANN SIiANNON, Chairman of the rdiff-by-the-Sea ommunity Advisory Board