1988-49
RB80LUTIOIIII0. C-88-04t
A RB80LU'l'IOIi OJ' THB CARDIJ'I'-BY-TBB-8EA
COXIIUIIITY ADVI80RY BOARD APPROVIIiG A VARIAIICE PROM
"---' 8BCTZOII 4810 OJ'THE ZOIlIIiG ORDIBUCB POR
PROPBRTY LOCATED AT 2187 XUCBB8TER
(CASE 110. 88-2tt-V)
WHEREAS, Stephen Jones, applied for a Variance from Section
4810 of the Zoning Ordinance to allow a single family dwelling
unit to encroach into the required 50' front yard setback by 10'
for property located at 2187 Manchester Avenue, and legally
described as follows:
Lots 25 and 26 in Block 29 of Cardiff, according to Map
thereof No. 1298, filed in the Office of the County Recorder
of San Diego County, May 14, 1910.
WHEREAS, a public hearing was conducted on the application on
November 28, 1988, by the Cardiff-by-the-Sea Community Advisory
Board, at which time all persons desiring to be heard were heard;
and
'",---,
WHEREAS, ev idence was submitted and considered to include
without limitation:
a. site plan submitted by the application;
b. Written information submitted with the applicant;
c. Oral testimony from staff, applicant, and public made a
part of the record at said public hearing;
d. Community Advisory Board staff report dated November 23,
1988, which is incorporated by this reference as though
fully set forth herein; 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:
1. The applicant. s property is physically special and unique
in contrast with other lots in the same vicinity, for the
reasons set forth in Item IIIA of the staff report;
2. The privilege sought by the applicant is not inconsistent
with the limitation upon other properties in the vicinity
and zone, for the reasons set forth in Item IIIB of the
staff report.
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CO/04/CRO5-187WP5 (12-09-88\3)
3. The Variance will not be granted for the parcel of
property which authorizes a use or activity which is not
otherwise expressly authorized by the zoning regulation
governing the parcel of property, for the reasons set
~- forth in Item IIIC of the staff report.
4. The granting of this Variance would grant a privilege
that is enjoyed by other property in the vicinity, for
the reasons set forth in Item IIID of the staff report;
and
BE IT ALSO RESOLVED THAT the application for Variance 88-299-
V is hereby APPROVED, and the subject structure may encroach 10
feet into the 50 foot from centerline setback; subject to the
following conditions:
(1) The two lots shall be merged by the recordation of a
Certificate of Compliance, into one legal lot.
(2) An irrevocable offer of dedication shall be made for 10 feet
along Manchester Avenue and Chesterfield Drive adjacent to the
property for road purposes. Manchester and Chesterfield are
classified as local streets requiring a 60 foot right-of-way
or 30 feet from centerline. Said right-of-way shall be graded
to the satisfaction of the Director of Public Works.
(3) If determined necessary by the Department of Public Works, a
"'- Grading plan, in accordance with the City's grading ordinance,
shall be submitted to, and approved by, the Public Works
Department prior to the issuance of a building permit. If
determined necessary, a soils report, prepared by a qualified
engineer, shall be submitted to the Public Works Department
at first submittal of a grading plan.
(4) Developer shall execute and record a covenant with the County
Recorder agreeing not to oppose the formation of an assessment
district to fund the installation of right-of-way
improvements.
(5) If determined necessary by the Department of Public Works, a
drainage system plan for handling and disposing of surface
water originating within the project shall be submitted to,
and approved by, the Department of Public Works. Concentrated
flows across driveways and/or sidewalks shall not be
permitted.
(6) The future structure constructed on site shall be subject to
the City's requirements for Fire Sprinkler suppression
systems.
(7) A licensed surveyor shall verify the height of the structure
at the time of framing inspection to certify that the height
does not exceed the height measurements specified on the
-- approved plans.
CO/04/CRO5-187WP5 (12-09-88\3)
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 from environmental
review, Section 15303; Class 3(a) of CEQA.
PASSED AND ADOPTED this 28th day of November, 1988, by the
following, to wit:
AYES: Barker, Crosthwaite, Shannon
NAYS: None
ABSENT: Orr, Slater
ABSTAIN: None
Î/-------
Ann Shannon, Chairperson
the Cardiff-by-the-Sea
Community Advisory Board
ATTEST:
'--- ~l:. e .09~
Craig R. Olson
Assistant Planner
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CO/04/CRO5-187WP5 (12-09-88\3)