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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; CO/03/CR04-403wpS (12-04-89-3) PAGE 1 OF 6 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. CO/03/CR04-403wpS (12-04-89-3) PAGE 3 OF 6 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: CO/03/CR04-403wpS (12-04-89-3) PAGE 5 OF 6 '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. CO/03/CR04-403wpS (12-04-89-3) PAGE 6 OF 6