Loading...
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 CO/O7/CRO5-290WP5 (5-9-89) Page 1 of 5 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) . CO/O7/CRO5-290WP5 (5-9-89) Page 2 of 5 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. CO/O7/CRO5-290WP5 (5-9-89) Page 3 of 5 . ' " .. . (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. CO/O7/CRO5-290WP5 (5-9-89) Page 4 of 5 .. . (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 CO/O7/CRO5-290WP5 (5-9-89) Page 5 of 5