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1988-21A 8 8 8 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 8 8 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. 8 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 8 8 8 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) 8 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, 8 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. 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. PM/05/CABll-742WP 1(5-19-88) ,8 4. 8 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. 8 ~ 8 8 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