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1988-28 ~ . . RESOLUTION NO. CC-88-028 A RESOLUTION OF CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD, CITY OF ENCINITAS, APPROVING A DESIGN REVIEW AND VARIANCE APPLICATIONS TO ALLOW TWO SINGLE FAMILY DWELLINGS AND ENCROACHMENT OF 2 FEET INTO THE 5' REQUIRED SIDEYARD SETBACK FOR A GARAGE LOCATED ON NEWPORT AVENUE BETWEEN KILKENNY AND DUBLIN LOTS 17 AND 18 (CASE NUMBER 88-186/DR) WHEREAS, a request for consideration of a Design Review and Variance Applications was filed by Jones Construction to allow two single family dwellings, and a 2 foot encroachment into the required 5' sideyard setback for the two car garages as per Chapter 23.08 and 30.78.030 of the city of Encinitas Municipal/Zoning Codes, for the property located on Newport Avenue between Kilkenny and Dublin, legally described as; Lots and 18, Block 6 of Map 1369, portion of 17 Cardiff in Diego, of State of the County San California. WHEREAS, a public hearing was conducted on the application on August 8, 1988; 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 report (87-106-DR) dated December 30, 1987 which is on file in the Department of Planning and Community Development; and Additional written documentation. b. c. d. e. PM/05/CRO4-106WP 1(8-4-88-2) ø . . WHEREAS, the Cardiff-by-the-Sea Community Advisory Board made the following findings pursuant to the 23.08, 30.70.030 and Ordinance 88-19. SEE ATTACHMENT "A" NOW, THEREFORE, BE IT RESOLVED by the Cardiff-By-The-Sea Community Advisory Board of the City of Encinitas that the Design Review and Variance Applications are hereby approved subject to the following conditions: (1) (2) (3) (4) (5) (6) The project as submitted with the revised landscape plan, minor elevation changes, elimination of the garage window, and requirement for the deck to be parallel to the side of the house to be set back 2' from the exterior garage wall is approved and shall not be altered without City approval. The landscape plan shall be resubmitted to the Community Development Department for review and approval to incorporate a different yet compatible design for each unit. The height required for hedges or other dense landscaping is the height to be attained wi thin 3 years of planting. Drought tolerant landscaping shall be utilized. The property owner shall sign a covenant to maintain the landscaping at a height not to exceed the height of the structures. Permittee to pave the 15' alley adjacent to the subj ect property. The structural section to be 2" asphalt/4" cl. 2 base. (7) Permittee to sign and record covenant agreeing not to protest any proceedings for the installation or acquisition of public improvements under any applicable special assessment proceedings. PM/05/CRO4-106WP 2(8-4-88-2) , . . BE IT FURTHER RESOLVED by the Cardiff-By-The-Sea community Advisory Board of the City of Encinitas that: (1) This project was found to be exempt environmental review, section 15303(a); from PASSED AND ADOPTED this 8th day of August, 1988, by the following vote, -to wit: AYES: Boardmembers Barker, Slater, Crosthwaite, and Shannon NAYS: None ABSENT: None AB$TAIN: None of the ATTEST: ~/ ¿~ ~~OO A S. NILES Assistant Planner PM/O5/CRO4-106WP 3(8-4-88-2) 4t . . ATTACHMENT "A" CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD RESOLUTION NO. C-88-028 CASE NO. 88-186/DR/V Findings For Design Review (section 23.08.076 Municipal Code) 23.08.072 Regulatorv Conclusions - Generallv. A. The project design is consistent with the General Plan, a Specific Plan or the provisions of this Code. Evidence to Consider: The property is zoned and planned for residential (10.9 units per acre). Each unit is built on a 25' wide legal lot. B. The project design is substantially consistent with the Design Review Guidelines. Evidence to Consider: The two dwellings utilize wood and stucco exterior materials and varying front and sideyard setbacks creating an interesting design. In addition the roofs vary in design with a pitched and hip roof. C. The project would not adversely affect health, safety or general welfare of the community. the Evidence to Consider: Vehicular access is off of the alley with the front yards being landscaped. Improvements to the alley are required. D. The proj ect would not cause the surrounding neighborhood to depreciate materially in appearance or value. Evidence to Consider: The neighborhood is predominantly single family consistent wi th this proj ect. Al though existing residences wi thin the immediate neighborhoods are built on 50' wide lots, the proposed proj ect is still consistent with the City regulations and single family use. PM/05/CRO4-106WP 4(8-4-88-2) , " . ATTACHMENT II A" CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD CASE NO. 88/186/DR/V RESOLUTION NO. C-88-028 Findings for a Variance (Section 30.78.030 Municipal Code) A. 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. Evidence to Consider: The lots are substandard in width and area. Due to a 25' wide lot, a two car garage cannot be achieved with the required 5' sideyard setbacks unless a variance is granted. The City requires two 9 x 18 parking stalls. If enclosed, a variance is necessary. 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 privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. Evidence to Consider: other projects within the area enjoy a 3 foot sideyard with similar circumstances. Other properties have 2 car garages. The proposed garages are 19 feet wide allowing the minimum required space for the vehicles. 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. Evidence to Consider: The variance is granted for a projection of a garage into a sideyard setback. Garages are a permitted use within residential zones. The subject parcel is zoned RV-ll. PM/05/CRO4-106WP 5(8-4-88-2) ø " . 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 avoided by an alternate 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 alternative plan is available to provide a 2 car garage without projecting into the sideyard setbacks on the subject parcels due to the 25' wide lots. The variance is needed due to the substandard lot width and enclosed parking. PM/05/CRO4-106WP 6(8-4-88-2)