1989-12
RESOLUTION NO. C-89-012
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMMUNITY ADVISORY BOARD APPROVING A VARIANCE FROM
SECTION 30.16.010 A 10 OF
THE ZONING ORDINANCE FOR PROPERTY LOCATED AT
1216 MACKINNON AVENUE
(CASE NO. 89-063V)
WHEREAS, Jose Montes, applied for a Variance in accordance
with Chapter 30.78 of the Zoning Ordinance to allow the following
encroachment
into
the
rear
yard
setback
specified
by
the
Residential 8 Zoning District:
A ten (10) foot encroachment into the required 25-foot rear
yard setback for an addition to one unit of a detached duplex.
WHEREAS, the property is located at 1216 Mackinnon Avenue and
legally described as follows:
Lot 2, Brown and Wanket Subdivision No.1, in the City of
Encinitas, County of San Diego, State of California, according
to Map thereof No. 3575, filed in the Office of the County
Recorder of San Diego County, December 27, 1956.
WHEREAS, a public hearing was conducted on the application on
May 22, 1989 by the Cardiff-by-the-Sea Community Advisory Board,
at which time all persons desiring to be heard were heard; 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;
b.
c.
d.
Community Advisory Board staff report dated May 17,1989,
which is incorporated by this reference as though fully
set forth herein; and
Additional written documentation.
e.
CO/04/CAB15-1315wp51(5-30-89-1)
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:
(3)
(4)
(1)
The strict application of the Zoning setback would
deprive the property owner of the ability to remodel his
residence due to the lot's irregular shape and its
location at a corner intersection and the existing
courtyard landscaping between units. In addition,
surrounding structures are well distant from the proposed
remodel area.
(2)
The existing two houses on one lot is legally
nonconforming in the R-8 zone. Granting a variance will
not constitute special privileges because other property
owners can add to their home while maintaining an
attractive landscaped area. This lot is unique because
it is situated on a corner, measures 12,000 square feet
when the R-8 District has a minimum lot size requirement
of 5,400 square feet, and existing landscaping is
established to reduce view impacts and buffer traffic
noise.
The use for the addition will be residential. The same
as the existing two bedroom and one living room
extension.
An alternate development plan is not viable due to
closing up the open space courtyard between the existing
dwelling units. This would also destroy existing
landscaping and create a "Bulky" appearance.
BE IT ALSO RESOLVED THAT the application for Variance 89-063V
is hereby APPROVED, and the subject structure may encroach 10 feet
into the 25-foot rear yard setback; subject to the following
conditions:
( 1)
(2)
Plans submitted for building plancheck shall conform to
the Variance request. 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.
CO/04/CAB15-1315wp52(5-30-89-1)
(5)
(6)
(7)
(3)
Prior to final Building Permit approval, the property
owner shall have recorded a Covenant agreeing to maintain
landscape height at, or below 26 feet.
(4)
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.
If substantial construction has not been completed in
reliance upon a granted variance within one year of the
grant, then upon notice to the property owner, and an
opportunity to present information to the Community
Development Director, the Director may declare the
variance to have expired with the privileges granted
thereby cancelled.
In the event that one or more of the conditions imposed
on the variance is violated, the Director, upon notice
and an opportunity to present information, may revoke the
variance or impose additional conditions.
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 22nd day of May, 1989, by the
following vote, to wit:
AYES:
NAYS:
ABSENT:
ABSTAIN:
MacManus, Crosthwaite, Orr
None
Barker, McCabe
None
êit.d c- fit £,
Charles Orr, Vice-Chairperson
of the Cardiff-by-the-Sea
Community Advisory Board
AT~~ e. cP~
Craig R. Olson
Assistant Planner
CO/04/CAB15-1315wp53(5-30-89-1)