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1989-28 RESOLUTION NO. C-89-028 A RESOLUTION OF THE CARDIFF-BY-THE-SBA COIOlUNITY ADVISORY BOARD DBNYING A DBSIGN REVIEW PBRKIT RBQUBST TO EXCBED THB STANDARD HEIGHT ENVELOPB FOR A SINGLE FAMILY RESIDENCB PROPOSED TO BE CONSTRUCTBD AT 1589 SAN BLIJO AVENUB (CASE NO.: 89-243DR) WHEREAS, Wasef Atiya and Gregory Watts applied for a Design Review Permit to exceed the Standard Height Envelope for a Single Family Residence pursuant to section 30.16.010B7 of the City of Encinitas Zoning Ordinance; and, WHEREAS, the property is located at 1589 San Elijo Avenue and is legally described as: PARCEL 1: That portion of Lot 8 of Nance's Acres, in the County of San Diego, State of california, according to Map thereof No. 2884, filed in the Office of the County Recorder of San Diego County, July 2, 1952, described as follows: Commencing at the Southwesterly corner of said Lot 8; thence along the Southerly line of said Lot 8, North 89° 34' 00" East, 113.00 feet; thence parallel with the Northeasterly line of said Lot, North 27° 08' 57" West, 73.00 feet to the true point of beginning; thence retracing South 27° 08' 57" East, 73.00 feet to the Southerly line of said Lot 8; thence along the boundary of said Lot as follows: North 89° 34' 00" East, 50.39 feet; North 58° 32' 00" East, 23.50 feet; North 27° 08' 57" West, 97.71 feet to the Northerly corner of said Lot; South 74° SO' 30" West, 178.01 feet to the most Westerly corner of said Lot; and South 31° 28' 00" East, 5.00 feet to a line which bears South 81° 37' SO" West from the true point of beginning; thence North 81° 37' SO" East, 111.24 feet to the true point of beginning. WHEREAS, a public hearing was conducted on the application on December 11, 1989; and WHEREAS, the Community Advisor Board considered without limitation; 1. The staff report dated December 6, 1989; co/jm/CRO4-441wpS (12-21-89\1) f 2. The adopted General Plan, Zoning Code and associated Land Use Maps; 3. Oral evidence submitted at the hearing; 4. written evidence submitted at the hearing; s. Documentation and site plans submitted by the applicant; and WHEREAS, the Cardiff-by-the-Sea Community Advisory Board made the following findings pursuant to section 30.16.010B7 of the City of Encinitas Municipal (Zoning) Code: (1) The portion of the building outside of the standard envelope maintains some of the significant views enjoyed by residents of nearby properties. EVIDENCE: based on public testimony received, the Board found that the structure, as proposed, would significantly impact views enjoyed by residents of nearby properties. To reduce significant view impacts, the Board recommended a redesign of the Northerly, flat roofed portion of the structure and the cupola portion to maintain the standard height envelope limitations. The applicants expressed an unwillingness to redesign the portion of the structure constituting the significant view impact. (2) The proposed building is compatible in bulk and mass with buildings on neighboring properties. EVIDENCE: While the proposed structure conforms to floor area ratio (FAR) and lot coverage requirements of the R- 11 zoning district, the Board found that the Northerly, flat-roofed portion and the cupola "barrel vault" portion of the structure exceeding the standard height envelope would constitute excessive bulk and mass and be incompatible with buildings on neighboring properties. NOW, THEREFORE, BE IT RESOLVED by the Cardiff-by-the-Sea community Advisory Board of the City of Encinitas that application 89-243 DR is hereby denied as submitted. Said denied application is identif ied by plans on file with the Planning and Community Development Department and dated received October 16, 1989. PASSED AND ADOPTED this 11th day of December, 1989 by the cO/jm/CR04-441wpS (12-21-89\1) following vote, to wit: AYES: Orr, McCabe, Barker, Crosthwaite NAYS: None ABSENT: MacManus ABSTAIN: None U- errance Bar er, Chairperson of the Cardiff-by-the-Sea Community Advisory Board ATTEST: ~l. e . ckJ~ Craig Olson, Assistant Planner CO/jm/CR04-441wpS (12-21-89\1)