1988-14A
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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)
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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 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)
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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)
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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