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1988-17 -- 8 e RESOLUTION NO.C~8-017 A RESOLUTION OF THE CARDIFF COJlMUHITY ADVISORY BOARD OF THE CITY OF EHCINITAS APPROVING VAlUAHCE APPLICATION 88-058V TO ALLOW CONSTRUcrION OF AN ADDITION TO AN EXISTING DUPLEX FOR PROPERTY LOCATED AT 1790 HAYDN DRIVE; KNOWN AS: Lot uP" in Block 75 of CARDIFF VILLA TRACT, according to Map thereof No. 1469, filed in the Office of the County Recorder of San Diego County, August 10, 1912. WHEREAS , Ernest J. applied Keven for Variance of a approximately eight feet into the required twenty-five foot rear yard setback to allow the construction of and addition to an existing duplex for property located at 1790 Haydn Drive; and WHEREAS, a public hearing was conducted on application 88-058V on May 9, 1988 by the Cardiff 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: 1. The application submitted by Ernest J. Keven including all plans for development and other written information, which were reviewed as part of the hearing; and 2. The staff reports dated May 3, 1988 reviewed as part of the hearing; and which were 3. Oral information submitted at the hearing; and Additional written documentation. 4. RF/04/CRO3-46wp (5/10/88-1) NOW THEREFORE , BE IT RESOLVED by the Cardiff Community 8 Advisory Board of the City of Encinitas that the following findinqs for a variance are made: 8 5. 1. The applicant's property is physically special and unique in contrast with other lots in the same vicinity which are similarly developed with setbacks between structures similar to the proposed setbacks; That the proposed development will have no siqnificant impact on the environment as no significant impacts were determined when the proposed project was reviewed; and 2. 3. The privileqe sought by the applicant is not inconsistent with the limitation upon other properties in the vicinity and zone and is being enj oyed by owners of property in the vicini ty and under the identical zoning classification, since other lots in the same vicinity and zone have been allowed to develop improvements similar to those as proposed by the applicant on their property; and The variance will not be qranted for the parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property as one duplex structure, is allowed in this zoning district; and 4. The grantinq of this variance would qrant a privileqe that is enjoyed by other property in the vicinity as an alternate development plan cannot be utilized to accomplish the improvements, proposed within the standards set forth in the Zoninq Ordinance. BE IT FURTHER RESOLVED by the Community Advisory Board that the followinq findinqs for exceedinq the height limit are made: 1. 2. 8 That the projection out of the buildinq envelope does not siqnificantly impact the views of adjacent properties since the projection is 2'-6" to a maximum heiqht of 24'-6" with a pitched roof of 4 and 15 as opposed to the permitted pitched roof of 4 and 12. In addition, views are still maintained of surroundinq structures. That the project is compatible in structural size to adjacent properties since the subject duplex is RF/04/CRO3-46wp (5/10/88-1) 8 8 8 approxiaately 2,000 square feet plus the proposed addition and 2 stories. BE IT FURTHER RESOLVED that the Cardiff Community Advisory Board of the city of Encinitas hereby approves Variance .. Application 88-058 V subject to the following conditions: See Attachment "A" PASSED AND ADOPTED this loth day of May, following vote, to wit: 1988, by the Ayes: Barker, Shannon, Slater, Winkler Nays: Absent: None Hirsch Abstain: None , ANN SHANNON, Chairman of the rdiff-by-the-Sea ommunity Advisory Board RF/04/CRO3-46wp (5/10/88-1) , Cardiff Community Advisory Board Resolution 88- 017 C 8 1. 8 F. G. H. I. J. 8 CASE NO. 88-058 V ATTACHMENT" A " GENERAL CONDITIONS A. This approval will expire on May 9, 1989, after the approval of this project unless the conditions have been met or an extension has been approved by the Authorized Agency. This approval may be appealed to the authorized agent within 10 days from the date of this approval. B. C. At all times during the effective period of this permit, the applicant shall obtain and maintain in valid force and effect, each and every license and permi t required by a governmental agency for the operation of the authorized activity; At no time during the effective period of this permit shall the applicant be delinquent in the payment of taxes or other lawful assessments relating to the property which is the subj ect of this permit; D. E. In the event that any of the condi tions of this permit are not satisfied, the Planning Department shall cause a noticed hearing to be sent before the authorized agency to determine why the City of Encinitas should not revoke this permit; Upon a showing of compelling public necessity demonstrated at a noticed hearing, the City of Encinitas, acting through the authorized agency, may add, amend, or delete conditions and regulations contained in this permit; Nothing in this permit shall relieve the applicant from complying with the conditions and regulations generally imposed upon activities similarly in nature to the activity authorized by this permit; Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that which is specifically described in this permit; and Approval of this request shall not waive compliance with any sections of the Zoning Development Code and all other applicable City Ordinances in effect at the time of Building Permit issuance. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, RF/04/CRO3-46wp (5/10/88-1) Cardiff Community Advisory Board Resolution 88- 017 C 8 8 CASE NO. 88-058 V Uniform Fire Code, and all other applicable codes and ordinances in effect at the time of building permit issuance. K. This approval shall become null and void if building permi ts are not issued for this proj ect wi thin one year from the date of project approval. L. Permits from follows: as other agencies will be required M. a. Coastal Commission or finding of exemption. Prior to issuing a final inspection on framing, the applicant shall provide a survey from a civil engineer verifying the building height is in compliance with the design review permit. N. Although the Zoning Ordinance may allow certain building heights as two story structures, the U.B.C. may define the structure as a three story building requiring an additional exit or other improvements. Project is approved as submitted and shall not be al- tered without authorized agent review and approval. O. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMIIUHITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 2. A. SITE DEVELOPMENT B. C. D. 8 site shall be developed in accordance approved site plans on file in the Development Department and the condi tions herein. Existing landscaping shall not be during construction. Revised site plans and building elevations incorporating all conditions of approval shall be submitted to and found satisfactorily by the Community Development Department prior to issuance of building permits. with the Community contained disturbed All roof appurtenances, including air conditioners, shall be architecturally integrated, shielded from view and sound buffered from adjacent properties and streets as required and approved by the Cardiff Community Advisory Board. Prior to any use of the proj ect si te or business activity being commenced thereon, all conditions of RFj04/CRO3-46wp (5/10/88-1) 8 8 8 Cardiff Community Advisory Board Resolution 88- 017 C CASE NO. 88-058 V E. approval contained herein shall be completed to the satisfaction of the Director of Community Development. For new residential dwellinq unit(s) , the applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checkinq Fees, School Fees, Water and Sewer Service Fees, Traffic Fees, Drainage Fees, and Park Fees. These fees shall be paid: a. Prior to buildinq permit issuance. APPLICANT SHALL CONTACT THE ENCDlITAS FIRE PROTECTION DISTRICT REGARDING COHPLIARCE WITH THE FOLLOWING CO1IDITIONS : 3. PUBLIC WORKS A. All damaged off-site public works facilities, includinq parkway trees, shall be repaired or replaced prior to exoneration of bonds and improvements, to the satisfaction of the Department of Public Works. B. Prior to any work beinq performed in the public riqht-of-way, a right-of-way construction permit shall be obtained from the Public Works office and appropriate fees paid, in addition to any other permits required. RF/04/CRO3-46wp (5/10/88-1)