1988-38
RESOLUTION NO. C-88-038
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMMUNITY ADVISORY BOARD APPROVING A BOUNDARY ADJUSTMENT
AS PER SECTION 24.70.060 OF THE SUBDIVISION ORDINANCE
AND A VARIANCE FROM SECTION 4810 OF THE ZONING ORDINANCE
FOR PROPERTY OF LOTS 9 THROUGH 17, IN BLOCK 12, MAP 1298,
CARDIFF (COMMONLY KNOWN AS 2334 EDINBURGH AVENUE)
WHEREAS, Ventura and Luz Guerrero applied for a Boundary
Adjustment as per Section 24.70.060 of the Subdivision
Ordiance and a Variance from Section 4810 of the Zoning
Ordinance to allow a realignment of lot lines for 9 subsized
lots to create two legal lots for the purpose of retaining pne
single family residential dwelling unit and constructing one
duplex unit, and for a Variance to allow the duplex unit to
encroach into the required 35' front yard setback by 1.11' for
a setback of 33.89', and to encroach into the required 25' rear
yard setback by 20.82' for a setback of 4.18' for a portion of
the duplex unit, as per Chapter 30.78.030 of the Zoning
Ordinance for property of Lots 9 through 17, in Block 12, Map
1298, County of San Diego;
WHEREAS, a public hearing was conducted on the application
88-131-BA/V/DR on July 25, 1988 by the Cardiff-by-the-Sea
Community Advisory Board, at which time all persons desiring
to be heard were heard; and,
LN/ln/CAB11-868wp (7-19-88)
WHEREAS, evidence was submitted and considered to
include without limitation:
a. site plan submitted by the applicant;
b. Written information submitted with the application;
c. Oral testimony from staff, applicant, and public made
a part of the record at said public hearing;
d. CAB staff report (88-131-BA/V/DR) dated July 19,
1988, which is on file in the Department of Planning
and Community Development; and
e. Additional written documentation.
NOW, THEREFORE, BE IT RESOLVED by the Cardiff-by-the-Sea
Community Advisory Board of the City of Encinitas that the
Boundary Adjustment and Variance are hereby approved subject to
the following findings:
1. That the parcels created are 6175 square feet and
10,375 square feet in size and meet the minimum 6000
square foot minimum lot size in the RV-11 zone. The
parcels allow adequate area for retention of an
existing single family residence on one lot and the
construction of a duplex on the second lot with a
variance from the front and rear yard setbacks.
2. The anticipated General Plan proposes density at
11 dwelling units per acre which is consistent with
the 7.93 dwelling units per acre on this project.
3. The parcels do not extend beyond City boundaries and
do not affect any agreement for public improvements.
4. The applicant's property is physically special and
unique in contrast with other lots in the same
vicinity, since the lots are of unusually small size
and irregularly shaped, and there is a 25' wide water
pipeline easement traversing the property
considerably reducing the developable area of the
duplex lot.
5. The privilege sought by the applicant is consistent
with the limitation upon other properties in the
vicinity and zone, since other properties in the
vicinity do not have the unusually small and
irregularly shaped lots and do not have the
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restriction of a 25' wide water pipeline easement
reducing the developable area of the lot.
6. The granting of this variance would not authorize a
use that is not expressly authorized by the zoning
regulations, since a duplex is allowed in the zone.
7. The granting of this Variance would not grant a
privilege not enjoyed by other property in the
vicinity, since no alternate plan could be utilized
for a standard duplex unit; the situation was not
self enduced since the irregular size and shape of
the lots and the water easement existed on the site;
the request would not constitute a rezoning since no
change is proposed for the site other than the
allowed uses in the RV-11 zone; and would not
authorize a public nuisance since the uses are
residential uses.
BE IT FURTHER RESOLVED THAT the application for Boundary
Adjustment and Variance 88-131-BA/V is hereby APPROVED with the
following conditions:
1. The applicant shall record the Record of Survey Map
and Certificate of Compliance for the approved
Boundary Adjustment with the County of San Diego
prior to final occupancy of the duplex dwelling unit.
2. The Design Review application shall be continued to
the Cardiff CAB meeting of August 22, 1988 for final
review of requested revisions as set forth below:
a. less hardscape and more landscape for parcel 2
b. wrap the siding around the structure of the
duplex and add window treatment
c. revise the color scheme to be more earthtones
d. revise the stairway railing to be more compatible
with the neighborhood
e. show the site grading required for the duplex
construction
f. revise the floor plan, elevations and show the
parking changes
g. submit a color board
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PASSED AND ADOPTED this 25th day of July 1988, by the
following vote, to wit:
AYES: Boardmembers Shannon, Barker, and Slater
NAYS: None
ABSENT: None
ABSTAIN: None
Ó4~
ATTEST:
LI A S. NILES
Assistant Planner
LN/ln/CABll-868Wp (7-19-88)