1989-14
RESOLUTION NO. C-89-014
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMMUNITY ADVISORY BOARD APPROVING A VARIANCE
SECTION 30.16.010 A 7 AND 10 OF THE
ZONING ORDINANCE FOR PROPERTY LOCATED AT
1324 BELLEVIEW AVENUE
(CASE NO. 89-083 V)
FROM
WHEREAS, Robert Haro, 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 3
Zoning District:
(a)
A 12.5-foot encroachment into the front yard (Belleview
Avenue) setback of 25 feet; and
(b)
An 8-foot encroachment for deck area into the rear yard
setback of 40 feet.
WHEREAS, the property is located at 1324 Belleview Avenue and
legally described as follows:
All of Lots 3, 4, 9 and 10 in Block 1 of the Resubdivision of
M.L. Durland's addition, in the city of Encinitas, County of
San Diego, State of California, according to Map thereof No.
3491, filed in the Office of the County Recorder of San Diego
County, August 22, 1956.
Excepting from said Lots 9 and 10, the Westerly 89.00 feet
thereof.
Also excepting from said Lots 3 and 10, the Northerly 25.00
feet thereof.
WHEREAS, public hearings were conducted on the application on
May 22 and June 12,
1989, by the Cardiff-by-the-Sea Community
Advisory Board, at which time all persons desiring to be heard were
heard; and
CO/O4/CRO6-306WP5 (6-22-89-1
WHEREAS,
evidence was submitted and considered to include
without limitation:
a.
b.
c.
d.
e.
site plan and building renderings 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 May 17 and
June 7, 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's property is physically special and unique
in contrast with other lots in the same vicinity, for the
following reasons:
a.
The strict application of the setback requirements
would place approximately half of the length of the
lot into setback area (i.e., 65 ft. of 124 ft.).
In addition, due to the existing structure's
configuration and required rear yard setback of 40
feet, constructing a garage in the rear yard is
impractical.
b.
The rear yard variance is justified to enhance the
property's view due to surrounding development
constraints. The radius design of the southerly
wall is to preserve the adjoining property's view
to the northwest.
2.
The proposed remodel is for a single family residence
which is permitted within the R-3 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 inability to locate the garage to
the rear of the existing structure and the R-3 Zoning
District is limited to single family residential use and,
therefore, granting the variance will not authorize a use
or activity not permitted within the district.
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4.
The Board finds that a redesign is not feasible due to
the small lot size when compared to the restrictive
setbacks; and the encroachments are necessary to create
a two-car garage structure and enjoy views comparable to
neighboring properties. The variance is not required due
to a self induced action, nor would it constitute a
rezoning or private/public nuisance.
BE IT ALSO RESOLVED THAT the application for Variance 89-083
V is hereby APPROVED, subject to the following conditions:
(1)
(2)
(3)
(4)
Plans submitted for building plancheck shall conform to
the Variance request for yard setbacks as approved by the
Community Advisory Board. 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.
The structure shall be used as a single family dwelling
uni t only and shall otherwise conform to the City's
zoning Code standards.
I f determined necessary by the Department of Publ ic
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.
(5)
Concentrated water flows across
sidewalks shall not be permitted.
driveways
and/ or
(6)
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.
(7)
If determined necessary by the Fire Prevention
Department, the future structure to be constructed shall
be subject to the City's requirements for Fire sprinkler
suppression systems.
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(8)
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.
(9)
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.
(10) 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.
(11) Proof of approval or exemption of this project by the
Coastal Commission shall be provided prior to issuance
of building permits.
(12) The owner(s) shall record a covenant with the County
Recorder's Office which unconditionally waives any claims
of liability against the City and agrees to indemnify and
hold harmless the City and City's employees relative to
the approval of the variance request and the construction
of support pillars and walls adjacent to the proposed
swimming pool.
(13) The applicant shall plant mature landscaping to screen
the view towards the neighboring property to the south.
Said landscaping shall be in place prior to final
approval for occupancy and shall screen the view to the
satisfaction of the Director of community Development.
BE IT FURTHER RESOLVED by the Cardiff-by-the-Sea Community
Advisory Board of the City of Encinitas that:
This project was found to be exempt from environmental review,
section 15301(e) (a) of CEQA.
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PASSED AND ADOPTED this 12th day of June,
1989,
by the
following vote, to wit:
AYES:
McCabe, Crosthwaite, Barker, Orr, MacManus
NAYS:
None
ABSENT:
None
ABSTAIN:
None
~~
T rrance Barker, Chairperson of
the Cardiff-by-the-Sea Community
Advisory Board
ATTEST:
{;¡u,.tL, ~ . c.~~
Craig R. Olson
Assistant Planner
CO/O4/CRO6-306WP5 (6-22-89-1