1989-25
RBSOLUTION NO. C-89-025
A RESOLUTION OF THB CARDIFF-BY-THE-SBA
COMMUNITY ADVISORY BOARD APPROVING A VARIANCE FROM
SBCTION 30.16.010 A 7 OF
THB ZONING ORDINANCE FOR PROPERTY LOCATED AT
2425 OXFORD AVENUE
(CASE NO: 89-253V)
WHEREAS, William Atkins, applied for a Variance in accordance
with Chapter 30.78 of the Zoning Ordinance to allow the following
encroachment into the front yard setback as specified by the
Residential 11 zoning District:
A 10 foot encroachment into the front 20 foot setback
when measured from ultimate street right-of-way.
WHEREAS, the property is located at 2425 Oxford Avenue, and
legally described as follows:
Lots 41 and 42 in Block 11 of Cardiff, in the city of
Encinitas, County of San Diego, State of California, according
to Map thereof No. 1298, filed in the Office of the County
Recorder of San Diego County, November 14, 1910.
WHEREAS, a public hearing was conducted on the application on
November 27, 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 plans and elevations submitted by the applicant;
b. written information submitted with the application;
c. Oral testimony from staff, applicant, and public made a part
of the record at said public hearing;
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d. Community Advisory Board staff report dated November 22,1989,
which is incorporated by this reference as though fully set
forth herein; and
e. 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:
(SEE ATTACHMENT "A")
BE IT ALSO RESOLVED THAT the application for Variance 89-253V
is hereby APPROVED, and the subject structure may encroach 10 feet
into the 20 foot front yard setback subject to the following
conditions:
(1) The plans submitted to, and approved by the Community Advisory
Board shall not be altered without the board's approval, or
as stipulated in these conditions.
(2) The applicant shall merge the 2 legally described lots into
a single lot of record by filing with the City an application
for a certificate of Compliance. Said certificate shall be
recorded with the Office of the County Recorded, county of San
Diego prior to issuance of Building Permits.
(3) Fire sprinkler systems for the dwelling unit and garage shall
be installed per NFPA 13 D and Encinitas Fire Ordinance
specifications. The applicant shall provide written proof
that all development impact, plan check, and/or cost recovery
fees have been paid prior to building permit issuance to the
satisfaction of the Fire Prevention District. Address numbers
shall be clearly visible to the public right-of-way.
(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.
CO/03/CR04-403wpS (12-04-89-3) PAGE 2 OF 6
(5) Proof of approval or exemption of this project by the Coastal
Commission shall be provided prior to issuance of building
permits.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTKENT REGARDING
COMPLIANCE WITH THB FOLLOWING CONDITIONS (6-14).
Gradina Conditions
(6) The developer shall (if applicable) obtain a grading permit
prior to the commencement of any clearing or grading of the
site.
(7) The grading for this project is defined in Chapter 23.24 of
the Encinitas Municipal Code. Grading shall be performed
under the observation of a civil engineer whose responsibility
it shall be to coordinate site inspection and testing to
ensure compliance of the work with the approved grading plan,
submit required reports to the City Engineer and verify
compliance with Chapter 23.24 of the Encinitas Municipal Code.
(8) A soils/geological/hydraulic report (as applicable) shall be
prepared by a qualified engineer licensed by the state of
California to perform such work at first submittal of a
grading plan.
Drainage Conditions
(9) A drainage system capable of handling and disposing of all
surface water originating within the project, and all surface
waters that may flow onto the project from adjacent lands,
shall be required. said drainage system shall include any
easements and structures as required by the City Engineer to
properly handle the drainage.
(10) Concentrated flows across driveways and/or sidewalks shall not
be permitted.
street Conditions
(11) An Irrevocable Offer of Dedication (I.O.D.) shall be made for
10 feet along Oxford adjacent to the property for public
right-of-way purposes.
(12) 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.
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utilities
(13) The developer shall comply with all the rules, regulations and
design requirements of the respective sewer and water agencies
regarding services to the project.
(14) The developer shall be responsible for coordination with
S.D.G. & E., Pacific Telephone, and Cable TV authorities.
(15) 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 Director of Planning and Community
Development, the Director may declare the variance to have
expired with the privileges granted thereby cancelled.
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 lS303(a) of CEQA.
PASSED AND ADOPTED this 27th day of November, 1989, by the
following vote, to wit:
AYES: McCabe, Orr, Crosthwaite, Barker
NAYS: None
ABSENT: None
ABSTAIN: MacManus (Disqualified)
CE BARKER, Cha1rperson of
the Cardiff-by-the-Sea community
Advisory Board
ATTEST:
CAÞ- ~'=> e. vQ --
Craig R. Olson
Assistant Planner
CO/03/CR04-403wpS (12-04-89-3) PAGE 4 OF 6
.
RESOLUTION NO.: C - 89-025
ATTACHMENT "A"
CASE NO.: 89-253V
Findinas for variance Approval (Section 30.78.030)
A. A Variance from the terms of the Zoning Ordinances shall be
granted only when, because of the special circumstances
applicable to the property, including size, shape, topography,
location or surroundings, the strict application of the Zoning
Ordinance deprives such property of privileges enjoyed by
other property in the vicini ty and under identical zoning
classification.
Evidence to Consider: The Community Advisory Board finds the
strict application of the Zoning Ordinance requiring setbacks
to be measured from ultimate right-of-way would deprive the
property owner of constructing a single family home at the
same or greater setback from the current street property line
than other developed property fronting Oxford Avenue. The
project conforms to bulk and mass of surrounding property in
that it is proposed to satisfy floor area ratio and lot
coverage requirements.
B. Any variance granted shall be subject to such conditions as
will assure that the adjustment thereby authorized will not
consti tute a grant of special privileges inconsistent with
the limitations upon other properties in the vicinity and zone
in which such property is situated.
Evidence to Consider: The applicant proposes to maintain a
front yard building setback of 20 feet from the property line
fronting Oxford Avenue. This setback would be consistent with
other recently developed property on Oxford Avenue. The
proposed single family residence is permitted within the R-11
zoning District and the project has been conditioned to insure
that the Variance approval will not consti tute a grant of
special privileges inconsistent with limitation upon other R-
11 zoned property.
C. A Variance will not be granted for a parcel of property which
authorizes a use or activity which is not otherwise expressly
authorized by the zoning regulation governing the parcel of
the property.
Evidence to Consider: Single family residences are permitted
in the R-l1 zoning District.
D. No variance shall be granted if the inability to enjoy the
privilege enjoyed by other property in the vicinity and under
identical zoning classification:
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'JII'
1. Could be avoided by an alternate development plan; which
would be of less significant impact to the site and
adjacent properties then the project requiring a
variance.
2. Is self-induced as a result of an action taken by the
property owner or the owner's predecessor;
3. Would allow such a degree of variation as to constitute
a rezoning or other amendment to the zoning Code; or
4. Would authorize or legalize the maintenance of any
private or public nuisance.
Evidence to Consider: The Board finds that an alternate
development plan adhering to the front setback would limit the
property to a 50-foot building depth and create unavoidable
problems related to architectural aesthetics of the proposed
structure and would limit the ability to take advantage of the
lot's location and potential for a view to the Ocean.
variance approval does not adversely impact adjacent
properties since they are currently developed at a 20-foot
setback from street property lines. The building area
restrictions are required by the City and are not self-
induced. The proposed structure is consistent with the zoning
District use and would not be a public or private nuisance.
The proposed structure conforms to floor area ratio and lot
coverage requirements of the R-ll Zoning District.
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