1988-28
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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)
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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)
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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:
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A S. NILES
Assistant Planner
PM/O5/CRO4-106WP 3(8-4-88-2)
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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)
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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)
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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)