1988-21A
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RESOLUTION NO. C-88-021A
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMMUNITY ADVISORY BOARD APPROVING A
DESIGN REVIEW PERMIT FOR PROPERTY OF THAT PORTION OF LOT 8,
OF NANCE'S ACRES, MAP 2884, COUNTY OF SAN DIEGO
(COMMONLY KNOWN AS X1593 & 1595 SAN ELIJO AVENUE, CARDIFF)
WHEREAS, George Tomaszewski applied for a Design Review
permit for a duplex on one lot as per Chapter 23.08 Design
Review, of the City of Encinitas Zoning Ordinance;
WHEREAS, public hearings were conducted on the application
by the Cardiff-by-the-Sea Community Advisory Board
on April
25, and June 2,
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 reports (88-045-DR) dated April 20, and May
18, 1988 which are 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 city of Encini tas that the
Design
Rev iew permi t
for a duplex on one lot 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
LN/ln/CABll-620wpa
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Ordinance, since the project is consistent with the
proposed General Plan in that the duplex density is
allowed in the RV-ll zone;
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 designed to take
advantage of the site constraints, preserves
significant views, and is proposing adequate
vehicular turn-a rounds to prevent backing onto San
Elijo;
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 the
bulk and scale of the neighborhood, and the design
elements of the proj ect are harmonious with each
other and the neighboring properties;
4.
That the proposed project is in conformance with the
intent of Section 23.08.77 of the Design Review
ordinance, since the landscape design will reach a
mature stage in three years so as to provide
softening of the elevations of the structure, and
will blend in with the design aspects of the
structure providing an aesthetically pleasing
streetscape;
5.
That the proposed project is in conformance with the
intent of Section 23.08.79 of the Design Review
Ordinance, since the project design takes into
consideration the privacy of the occupants of the
proposed uni ts and adj acent property units to the
extent possible.
BE IT ALSO RESOLVED,
approved
A.
B.
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that the Design Review Permit is
with the following conditions:
The project is approved as submitted and shall not be
altered without Community Advisory Board review and
approval.
A covenant shall be recorded in the County Recorder's
office agreeing to plant and maintain the landscaping
approved on the landscape plan, requiring that all
trees be maintained at a height not to exceed the
building height directly adjacent to the subject
tree.
LN/ln/CAB11-620wpa
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C.
That a covenant be recorded in the County Recorder's
office agreeing to a waiver of liability and
indemnification clause for tbe City of Encinitas for
any injuries or deaths that may occur as a result of
traffic entering or leaving the subject property on
San Elijo.
D.
That the two car garage be designated in a recorded
covenant as the required parking to be used by the
lower unit, and the one car garage and tandem carport
as the required parking to be used by the upper
unit.
PASSED AND ADOPTED
this 2nd day of June,
1988 by the
following vote, to wit:
AYES: Boardmember Shannon, Barker, Slater
NAYS: None
ABSENT: Boardmember Winkler
ABSTAIN: None
of the
ATTEST:
r; A S. NILES,
Assistant Plann
LN/ln/CABll-620wp (4-20-88)
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Section
RESOLUTION NO. C-88-02lB
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMMUNITY ADVISORY BOARD DENYING A VARIANCE 88-100/V
FROM SECTION 6708,B OF THE ZONING ORDINANCE FOR
PROPERTY KNOWN AS PORTION OF LOT 25, BLOCK E AND
PORTION OF BLOCK F OF PALOMARE' S HEIGHTS,
MAP NO. 2114, COUNTY OF SAN DIEGO
(COMMONLY KNOWN AS 1755 CREST DRIVE, ENCINITAS)
WHEREAS,
Beatrice
Beach,
applied
for a Variance
from
of the Zoning Ordinance to encroach 9 feet into a 15'
required side yard setback with a single story in the front
364 square foot room addition to a
unit located at 1755 Crest Drive;
single
family dwelling
WHEREAS, a public hearing was conducted on the application
88-100/V on Junp 2
Advisory Board, at which time all persons desiring to be heard
,1988, by the Cardiff-by-the-Sea Community
were heard; and,
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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 (88-100-V) dated May ~, 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
Community Advisory Board of the City of Encinitas that:
1.
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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.
PM/05/CABll-742WP 1(5-19-88)
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2.
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.
3.
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.
No variance shall be granted if the inability to
enjoy the privilege enjoyed by other property in the
vicinity and under identical zoning classification:
a. Could be
development plan;
avoided
by
an
alternate
b. Is self-induced as a result of an
action taken by the property owner or the
owner's predecessor;
c. Would allow such a degree of variation
as to constitute a rezoning or other amendment t 0
the zoning code; or
d. Would authorize or legalize
maintenance of any private or public nuisance.
the
Evidence to consider - the lot shape, topography and
location of the existing unit limit the ability to
provide for any additions. Lot shape and topography
often justify variances, placing hardships on the
property owner not typically experienced by others
wishing to develop. However, finding 4 a and b
present problems in justifying approval. Alternative
additions, such as on the second floor, within the
front yard between house and garage, and to the rear
yard meeting setbacks appear to be available. In
addition, the existing location of the dwelling to
the rear of the lot which was intended to maximize
views caused the need for a variance request, thereby
by being self-induced.
BE IT ALSO RESOLVED THAT the application for Variance 88-
100/V is hereby DENIED.
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following vote, to wit:
PASSED AND ADOPTED this -L day of
1988, by the
AYES:
June,
NAYS:
Boardmember Slater
Boardmembers Winkler, Shannon, Barker
ABSENT:
Boardmember Hirsch
ABSTAIN: None
ATTEST:
LI DA S. NILES
Assistant Planner
PM/05/CABll-742WP 3(5-19-88)
ANN SHANNON, Chairman of the
rdiff-by-the-Sea
ommunity Advisory Board