1988-17
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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.
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NOW THEREFORE ,
BE IT RESOLVED by the Cardiff Community
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Advisory Board of the City of Encinitas that the following
findinqs for a variance are made:
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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.
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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)
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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
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1.
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F.
G.
H.
I.
J.
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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
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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.
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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
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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)