1989-11
, '
RESOLUTION NO. C-89-011
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMMUNITY ADVISORY BOARD APPROVING A VARIANCE FROM
SECTION 30.16.010 A 7,9 AND 10 OF
THE ZONING ORDINANCE FOR PROPERTY LOCATED AT
1825 MONTGOMERY AVENUE
(CASE NO. 89-068 V)
WHEREAS, Douglas Hoffman, applied for a variance in accordance
with Chapter 30.78 of the Zoning Ordinance to allow the following
encroachments into setbacks as specified by the Residential 8
Zoning District:
(a)
A 10-foot (12 foot for chimney area) encroachment into
the street (Schubert Path) side yard setback of 10 feet
from the property (IOD) line, and a 3 foot 6 inch
encroachment of the upper floor structure into the 30
foot from street centerline Irrevocable Offer of
Dedication (IOD) area; and
(b)
A 15-foot encroachment into the front yard (Montgomery
Avenue) setback of 25 feet from property (IOD) line; and
(c)
A 5-foot encroachment into the rear yard setback (see
former County Variance V77-48) of 25 feet from the rear
(northerly) property line; and
WHEREAS,
the property is located at 1825 Montgomery Avenue,
and legally described as follows:
Lot G of Block 80 of Cardiff Villa Tract, in the City of
Encinitas, County of San Diego, State of California, according
to Map thereof No. 1469, filed in the Office of the County
Recorder of San Diego County, August 10, 1912.
WHEREAS, public hearings were conducted on the application on
April 24,1989 and May 8,1989, by the Cardiff-by-the-Sea Community
Advisory Board, at which time all persons desiring to be heard were
heard; and
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WHEREAS,
evidence was submitted and considered to include
without limitation:
a.
b.
c.
d.
e.
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;
Community Advisory Board staff reports dated April 19,
1989 and May 3, 1989, which are incorporated by this
reference as though fully set forth herein; and
Additional written documentation.
NOW, THEREFORE, BE IT RESOLVED that the following findings are
made by the Cardiff-by-the-Sea Community Advisory Board of the City
of Encinitas:
1.
The applicant I s property is physically special and unique
in contrast with other lots in the same vicinity, for the
reason of its irregular shape and location at an
intersection where 20 feet and 10 feet of street
dedications are being requested by the City on Schubert
Path and Montgomery Avenue respectively. Thereby
depriving the property owner of development privileges
enjoyed by other property owners within the same Zoning
District who are not on a corner lot.
2.
The proposed remodel is for a single family residence
which is permitted within the R-8 Zoning District.
Therefore, the Variance would not constitute a grant of
special privilege, nor authorize an incompatible use
within the Zoning District.
3.
The Board finds that an alternative development plan is
not viable due to the irregular shape of the lot and
requirements for Irrevocable Offers of Dedication and
Setbacks limiting the buildable area to approximately
1,050 square feet on a lot measuring 8,709 square feet
(12% lot coverage while the R-8 District allows 40%
coverage) .
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4.
The buildable area restrictions are necessitated by the
shape and location of the lot in addition to requirements
by the City and are not self-induced. The proposed re-
model is consistent with the Zoning District use and
would not be a public or private nuisance.
BE IT ALSO RESOLVED THAT the application for Variance 89-068V
is hereby APPROVED, and the subject structure may encroach 10 feet
(12 feet for chimney area) into the street side yard setback,31611
encroachment by the upper floor into the 30 foot from centerline
IOD area, 15 feet into the front yard setback, and 5 feet into the
rear yard setback; subject to the following conditions:
( 1)
(2)
(3)
(4)
Plans submitted for building plancheck shall conform to
the Variance request for yard setbacks. The building
height shall be limited to Zoning Code requirements and
a separate Design Review Application must be submitted
if required by the Design Review Ordinance provisions.
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.
An Irrevocable Offer of Dedication (I. O. D.) shall be made
for 10 feet along Montgomery adjacent to the property for
public right-of-way purposes. Montgomery is classified
as a local street requiring a 60 foot right-of-way or 30
feet from the official centerline of such street.
An Irrevocable Offer of Dedication shall be made for 20
feet along Schubert Path adjacent to the property for
road purposes. Schubert Path is classified as a local
street requiring a 60 foot right of way or 30 feet from
centerline.
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. ' " .. .
(5)
(6)
(7)
(8)
(9)
If determined necessary by the Department of Public
Works, a drainage system capable of handling and
disposing of all surface water originating within the
development, and all surface waters that may flow onto
the development from adjacent lands, shall be required.
said drainage system shall include any easements and
structures as required by the Director of Public Works
to properly handle the drainage.
Concentrated water flows across
sidewalks shall not be permitted.
driveways
and/ or
Prior to final Building Permit approval, the property
owner shall have recorded a Covenant agreeing to maintain
landscape height at, or below, the height of the
structure. Said landscaping shall be trimmed to the
structure's height, or below, prior to final sign off by
the Department of Community Development.
The future structure to be constructed shall be subject
to the City's requirements for Fire Sprinkler suppression
systems.
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 measures
specified on the approved plans.
(10) The fence located adjacent to the rear (northerly)
property line shall be removed and replaced on, or
within, the property line of the subject parcel.
(II) Prior to foundation and/or pad preparation for the
proposed remodel, the property shall be staked and lined
to indicate all property lines to the satisfaction of the
Director of Community Development. An inspection shall
be made of the site prior to building inspection approval
of the foundation forms.
(12) All lighting on the subject property shall be shielded
at all times to limit any light exposure or glare to
interfere with the enjoyment of surrounding residential
property to the satisfaction of the Director of Community
Development.
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.. .
(13) Proof of approval or exemption of this project by the
Coastal Commission shall be provided prior to issuance
of building permits.
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 15301(e) of CEQA.
PASSED AND ADOPTED this 8th day of May, 1989, by the following
vote, to wit:
AYES: Barker, MacManus, McCabe
NAYS: None
ABSENT: Orr
ABSTAIN: Crosthwaite
Terrance Barker, hairperson of
the cardiff-by-the-Sea Community
Advisory Board
AZ;:~ e.. æ~
Craig R. Olson
Assistant Planner
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