1988-20
8
8
8
RESOLUTION NO. C-88-020
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMMUNITY ADVISORY BOARD APPROVING A
DESIGN REVIEW PERMIT AND VARIANCE FOR PROPERTY
OF LOTS 39 AND 40, BLOCK 8, MAP 1298,
COUNTY OF SAN DIEGO, CITY OF ENCINITAS
(COMMONLY KNOWN AS 2437 NEWCASTLE AVENUE)
87-177-DESIGN REVIEW AND VARIANCE
WHEREAS, Rodney Miles, applied for a Design Review permit
and Variance for two single family dwellings on two 25' wide
lots
as per Chapter 23.08
Design Review and Chapter 30.78
Variances, 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 14,
April 25,
1988 and all persons desiring to be
and June 13,
heard were heard; and
WHEREAS, evidence was submitted 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 reports (87-177-DR & V) dated March 10,
April 18, and June 6, 1988, which are 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 the
Design
Review
for two
permit
and Variance
single
family
dwelling units
on two lots is hereby approved subject to the
following findings:
LN/ln/CAB11-0113wp (6-28-88)
8
8
7.
8.
9.
10.
11.
8
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;
2.
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;
3.
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;
4.
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;
5.
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;
6.
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;
That 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;
That the proj ect is compatible in structural size
(bulk and mass) to adjacent properties and
neighborhood;
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
LN/ln/CAB11-0113wp (6-28-88)
~
8
12.
The proposed design complies with all
applicable requirements of state law and
ordinances.
other
local
Advisory Board of the City of Encinitas that the variance for
BE IT FURTHER RESOLVED by the Cardiff-by-the-Sea Community
a single story garage to encroach, 1 foot and 3 feet into the
required 5 foot side yard setbacks for the two single-family
dwelling units on two 25' wide lots is hereby approved subject
to the following findings;
A.
8
B.
8
A Variance from the terms of the zoning ordinances
shall be granted only when, because of the special
circumstances applicable to the property, including
size, shape, topography, location or surroundings,
the strict application of the zoning ordinance
deprives such property of privileges enjoyed by other
property in the vicinity and under identical zoning
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.
Any Variance granted shall be subject to such
conditions as will assure that the adjustment thereby
authorized will not constitute a grant of special
privileges 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
wi th 0' interior side yard setbacks (zero lot line
dwelling) . The ordinance seems to be granting a
special privilege to zero lot line dwellings that is
not allowed for single detached homes, although the
community has expressed a concern with the fact that
zero lot line dwellings are replacing single family
detached homes. It appears that the standards in
the zoning 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.
LN/ln/CAB11-0113wp (6-28-88)
8
The privilege sought 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 single family zero lot line dwellings are
allowed with 0' interior side yard setbacks.
c.
A Variance will not be granted for a parcel of
property which authorizes a use or activity which is
not otherwise expressly authorized by the zoning
regulation governing the parcel of property. The
provisions of this section shall not apply to
conditional use permits.
The use of the property is proposed to be single
family dwelling units which is allowed in the zone.
D.
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
plan;
avoided by an
alternate development
2.
Is self-induced as a result of an action taken
by the property owner or the owner's
predecessor;
8
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
consti tute a rezoning or amendment to the zoning code;
would not authorize a public nuisance.
BE IT ALSO RESOLVED,
that the Design Review Permit is
approved with the following conditions:
A.
The project is approved as submitted at the meeting
of June 13, 1988 for the two elevations of Scheme 1
and shall not be altered without community Advisory
Board review and approval.
8
LN/ln/CAB11-0113wp (6-28-88)
8
8
8
B.
C.
D.
E.
F.
G.
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.
The walkways shall be textured to the satisfaction of
the Community Development Department.
That the applicant shall submit for review and
approval by staff an alternate species of specimen
trees.
That the landscape plan is approved as submitted
except for the change required in item D above.
That a window would be appropriate and is approved to
be added on the north side of the brown structure
under the gable.
That the applicant record a covenant agreeing to hold
harmless the City of Encini tas for loss or damage
that may occur because of any construction or project
activity required to complete the project. In
addition, the applicant shall submit a construction
operation plan to the Director of Planning and
Community Development for review and approval prior
to issuance of a building permit.
PASSED AND ADOPTED
this 13th day of June, 1988 by the
following vote, to wit:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
Boardmembers Winkler, Barker, Slater and Shannon
None
Boardmember Hirsch
None
of the
LINDA S. NILES,
Assistant Planner
LN/ln/CAB11-0113wp (6-28-88)