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1988-19 8 8 8 RESOLUTION NO. C-88-019 A RESOLUTION OF THE CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD APPROVING A DESIGN REVIEW PERMIT AND VARIANCE FOR PROPERTY OF LOTS 27 AND 28, BLOCK 7, MAP 1298, COUNTY OF SAN DIEGO, CITY OF ENCINITAS 2489 NEWPORT AVENUE 88-004/DESIGN REVIEW AND VARIANCE WHEREAS, Rodney Miles, applied for a Design Review permit for two single family dwellings on two 25' wide lots as per Chapter 23.08 Design Review, of the City of Encinitas Zoning Ordinance; WHEREAS, a public hearing was conducted on the application by the Cardiff-by-the-Sea Community Advisory Board on March 28 and April 25, 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 (88-004-DR) dated March 22 and April 18, 1988, which is incorporated by this reference as though fully setforth herein; and Additional written documentation. c. d. e. NOW THEREFORE, BE IT RESOLVED by the Cardiff-by-the-Sea community Advisory Board of the City of Encinitas that the Design Review permit for two single family dwelling units on two lots is hereby approved subject to the following findings: 1. That the proposed project 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; LN/06/CR03-31wp (4/19/88-1) 2. 8 3. 4. 5. 6. 7. 8 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: That the proposed project is in conformance with the intent of section 23.08.76 of the Design Review Ordinance, since the project is consistent with subsections A through G; That the proposed project is in conformance with the intent of section 23.08.77 of the Design Review Ordinance, since the project is consistent with subsections A through D; That the proposed project is in conformance with the intent of section 23.08.79 of the Design Review Ordinance, since the project is consistent with subsections A through F; The project design does preserve significant public views to the extent possible, and offers mitigation for lost views. Public views are defined as those views provided from public property; The project takes advantage of views and/or protects, to the extent possible, some of the significant view enjoyed by the residents of nearby properties; 8. That the projection out of the interim envelope does not significantly impact the views of adjacent properties, in that the proj ect takes advantage of views while maintaining some of the significant views enjoyed by residents of nearby properties: That the proj ect is compatible in structural size (bulk and mass) to adjacent properties and neighborhood; 9. 10. There is reasonable probability that the land use and design proposed will be consistent with the General Plan proposal being considered or studied: There is little or no probability of substantial detriment to or interference with the future adopted General Plan if the proposed design is ultimately inconsistent with the plan; and 11. 12. The proposed design complies with all applicable requirements of state law and ordinances. other local BE IT ALSO RESOLVED by the Cardiff-by-the-sea Community Advisory Board of the City of Encinitas that the variance for 8 LN/06/CR03-31wp (4/19/88-1) a sinqle story garaqe to encroach 1 foot and 3 feet into the required 5 foot side yard setbacks for the two sinqle-family 8 dwellinq units on two 25' wide lots is hereby approved subject to the followinq findinqs; A. 8 8 A Variance from the terms of the zoninq ordinances shall be qranted only when, because of the special circumstances applicable to the property, includinq size, shape, topoqraphy, location or surroundinqs, the strict application of the zoning ordinance deprives such property of privileqes enjoyed by other property in the vicinity and under identical zoninq classification since the applicant maintains that the requested variance would enable the property to be developed in accordance with the privilege that other properties in the same vicinity enjoy. His property is located in the Cardiff 25' lot area and several properties in the vicinity have been developed with twin homes. Encroachments are necessary to allow an adequate size 2 car garage. B. Any Variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized will not constitute a grant of special privileqes inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated since other properties in the vicinity have structures that have been developed as twin homes which are allowed to be constructed with 0' interior side yard setbacks (zero lot line dwelling) . The ordinance seems to be grantinq a special privileqe to zero lot line dwellings that is not allowed for sinqle detached homes, al thouqh the community has expressed a concern with the fact that zero lot line dwellinqs are replacinq sinqle family detached homes. It appears that the standards in the zoninq ordinance are making it more equitable to construct zero lot line dwellings on the 25' wide lots in Cardiff rather than single family detached homes. C. The privileqe souqht by the applicant is consistent with the limitation upon other properties in the vicinity, and is being enjoyed by owners of property with zero lot line dwellings in the vicinity, since other sinqle family zero lot line dwellinqs are allowed with 0' interior side yard setbacks. A Variance will not be qranted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zoninq regulation qoverning the parcel of property. The LN/06/CR03-31wp (4/19/88-1) 8 D. provisions of this section conditional use permits. apply to shall not The use of tbe property is proposed to be single family dwelling units which is allowed in the zone. No Variance shall be granted if the inability to enjoy the privilege enjoyed by other property in the vicinity and under identical zoning classification: 1. Could be avoided by an al ternate development plan; 2. Is self-induced as a result of an action taken by the property owner or the owner's predecessor; 3. Would allow such a degree of variation as to constitute a rezoning or other amendment to the zoning code; or 4. Would authorize or legalize the maintenance of any private or public nuisance. Evidence to consider: No other development plan would accommodate the construction of the required 19' wide two car garages; the size of the lot is common in the area and was not self-induced; the variance request would not constitute a rezoning or amendment to the zoning code; would not authorize a public nuisance. 8 BE IT ALSO RESOLVED, that the Design Review Permit is approved with the following conditions: A. 8 The project is approved as submitted and shall not be altered without Community Advisory Board review and approval. B. Prior to the City Building Department issuing a final inspection on framing, the applicant shall provide a survey from a civil engineer as to the building height. C. Applicant sháll enter into a covenant to ensure that landscaping shall be maintained in such a way so views are not blocked. D. The liquid amber tree shall be replaced with a lower tree in order to maintain views to the Community Development Department's satisfaction. LN/06/CR03-31wp (4/19/88-1) 8 8 8 E. Project to incorporate textured walkways to Community Development Department's satisfaction. the PASSED AND ADOPTED this 25th day of April, 1988 by the following vote, to wit: AYES: NAYS: ABSENT: ABSTAIN: ATTEST: Boardmembers Slater, Hirsch, Shannon, Winkler None None None of the LINDA S. NILES, Assistant Planner LN/06/CR03-31wp (4/19/88-1) . . . . . . . ATTACBKENT "A" CONTINUED ORDINANCE NO. 88-19 INTERIM REGULATIONS FINDINGS The following findings are required to be made by the authorized agency in order to allow development to extend beyond the interim regulations for height and setbacks not to exceed existing zoning regulations. A. The projection out of the interim envelope does not significantly impact the views of adjacent properties, in that the project takes advantage of views while maintaining some of the significant views enjoyed by residents of nearby properties as indicated in the "line of site" study submitted with the application. The project is compatible in structural size (bulk and mass) to adjacent properties and neighborhood. B. C. There is reasonable probability that the land use and design proposed will be consistent with the General Plan proposal being considered or studied since the proposed General Plan density permits the proposed use. D. There is little or no probability of substantial detriment to or interference with the future adopted General Plan if the proposed design is ultimately inconsistent with the plan since the project conforms with existing zoning requirements for height, circulation, setback, etc. E. The proposed design complies with all other applicable requirements of state law and local ordinances since the project is exempt under CEQA (Sec. 15303, Class 3(a) and conforms with existing General Plan and Zoning requirements. CO/02/CAB10-980wp 8(10-11-88-1)