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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)