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1990-01 RESOLUTION NO. C-90-001 A RESOLUTION OF THE CARDIFF-BY-THE-SEA COKHtJHITY ADVISORY BOARD APPROVING A VARIANCE FROM SECTION 30.16.010 A 7 AND SECTION 30.16.010G4 OF THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 324 LIVERPOOL DRIVE (Case No. 89-284V) WHEREAS, Ernest Contreras and Ed Olsen & Associates, applied for a Variance in accordance with Chapter 30.78 of the Zoning Ordinance to allow the following variances from development standards for the Residential 11 Zoning District: (1) A 7 foot 6 inch encroachment into the 20 foot rear yard setback. (Section 30.16.010 A10) (2) A 6 foot retaining wall height at the exterior of the garage. Said walls shall slope to 1 ft. 6 in. at the alley (Code Section 30.16.010 G4). WHEREAS, the property is located at 324 Liverpool Drive, and legally described as follows: Lots 23 and 24 in Block 37 of Cardiff "A" according to Map thereof No. 1334, filed in the Office of the County Recorder of San Diego County, May 12, 1911. WHEREAS, a public hearing was conducted on the application on January 8, 1990, 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/jm/CRO6-445wp5 1(1/10/90\4) Page 1 of 6 d. Community Advisory Board staff report dated January 3, 1990, 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 89-284V is hereby APPROVED, and the subject structure may encroach 7 feet 6 inches into the 20 foot rear yard setback and a retaining wall height of 6 feet is permitted adjacent to the garage 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) Applicant shall contact the public works department regarding compliance with the following conditions (2a-k) Street Conditions (a) 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. (b) 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. Oxford Avenue is classified as a local street requiring a 60 foot right- of-way or 30 feet from the official centerline of such street. CO/jm/CRO6-445wp5 2(1/10/90\4) Page 2 of 6 (c) An Irrevocable Offer of Dedication shall be made for 5 feet along Liverpool adjacent to the property for road purposes. Liverpool Drive is classified as a local street requiring a 60 foot right-of-way or 30 feet from centerline. Gradina Conditions (d) The developer shall obtain a grading permit, if applicable, prior to the commencement of any clearing or grading of the site. (e) The grading for this project is defined in Chapter 23.24 of the Encini tas 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. (f) 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, if required. Drainaae Conditions (g) Concentrated flows across driveways and/or sidewalks shall not be permitted. utilities (h) The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. (i) The developer shall be responsible for coordination with S.D.G. & E., Pacific Telephone, and Cable TV authorities. (j) All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. (k) The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required. (3) Prior to building permit issuance, applicant shall submit a statement from the Fire District to the Community Development Department indicating that all development impact, plan check, and/or cost recovery fees have been paid. CO/jm/CRO6-445wp5 3(1/10/90\4) Page 3 of 6 (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. (5) Proof of approval or exemption of this project by the Coastal Commission shall be provided prior to issuance of building permits. (6) The property shall be merged into a single Lot of Record by a Certificate of Compliance to be recorded prior to issuance of building permits. (7) The garage door shall be a "roll-up" model equipped with an automated opening/closing device. (8) A sign shall be posted, visible to the alley, which states: "Private Property, No Parking". 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 15303(a) of CEQA. PASSED AND ADOPTED this 8th day of January, 1990, by the following vote, to wit: AYES: Orr, MacManus, Crosthwaite, Barker, McCabe NAYS: None ABSENT: None ABSTAIN: None ~ i3uL ~ERRANCE BARKER, Chairperson of the Cardiff-by-the-Sea Community Advisory Board ATTEST: ~~(2.~- '" Craig R. Olson Assistant Planner CO/jm/CRO6-445wp5 4(1/10/90\4) Page 4 of 6 ATTACHMENT "A" Findinas for Variance ADproval (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 the other property in the vicinity and under identical zoning classification. Evidence: The board finds that the strict application of the Zoning setbacks would deprive the applicant of the ability to remodel the residence in a manner to utilize the current interior circulation patterns of the existing single family residential structure while allowing for a 2-car garage which many property owners in the vicinity currently enjoy. B. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. Evidence: The structure maintains a building setback of 10 feet 6 inches from the rear property line. The project proposes a re-model to an existing single family residence to include a 2-car garage. Therefore, a grant of special privilege is not requested since many residences in the area enjoy 2-car garages and the project can be conditioned to be consistent with limitations upon other properties in the vicinity. 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: Single family residences are permitted in the R-11 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: 1. Could be avoided by an alternate development plan; which would be of less significant impact to the site and adj~cent properties then the project requiring a var~ance. 2. Is self-induced as a result of an action taken by the CO/jm/CRO6-445wp55(1/10/90\4) Page 5 of 6 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: The board finds that an alternate development plan is not viable due to the existing configuration of the structure upon the lot. The variance would not significantly impact surrounding structures since the project proposes to create a 2-car garage to be accessed from the alley rather than from more heavily utilized streets. The 6 foot retaining walls are necessary to permit the garage to be cut into the sloping lot. The retaining walls taper to ~ 1 foot 6 inches at the alley and will not pose a sight limitation impact. The proposed remodel is consistent with the R-11 Zoning District and is not anticipated to pose a public or private nuisance. CO/jm/CRO6-445wp56(1/10/90\4) Page 6 of 6