1990-02
RESOLUTION NO. C90-002
:0: 'De.>-\ 1,J(r
A RESOLUTION OF THE CARD -BY-THE-SEA
COKHtJHITY ADVISORY BOARD ..1'. A VARIANCE FROM
SECTIONS 30.16.010 F-l AND G-l OF
THE ZONING ORDINANCE FOR PROPERTY LOCATED AT
2334-2336 MONTGOMERY AVENUB
(Case No. 89-115 V)
WHEREAS, Tom Kinsel and Julie Frodsham, applied for a Variance
in accordance with Chapter 30.78 of the Zoning Ordinance to allow
the following structures to be located within the front yard
setback as specified by the Residential 11 Zoning District:
A masonry wall exceeding four feet in height to a maximum
height of 5 feet and a therapeutic spa encroaching next to the
front property line in lieu of observing the required 20 ft.
front yard setback.
WHEREAS, the properties are located at 2334-36 Montgomery
Avenue, and legally described as follows (respectively):
Lots 9 and 10, in Block 15 of Cardiff, in the 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
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 submi tted 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;
d. Community Advisory Board staff report dated January 5, 1990,
which is incorporated by this reference as though fully set
forth herein; and
e. Additional written documentation.
JK/03/CAB17-1635WP5 (1-16-90/3) 6
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 89-115V
is hereby DENIED, and the subject spa shall be removed from the
front yard setback area, and the subject wall shall be lowered to
a maximum height of 4 feet.
PASSED AND ADOPTED this 8th day of January, 1990, by the
following vote, to wit:
AYES: Terrance Barker, Carol MacManus, Tom McCabe
NAYS: Joyce Crosthwaite
ABSENT: None
ABSTAIN: None ~~~
TERRANCE BARKER, Chairperson of
the Cardiff-by-the-Sea Community
Advisory Board
ATTEST:
JK/03/CAB17-1635WP5 (1-16-90/3) 7
ATTACHMENT "A"
Findinas for Variance Denial (Section 30.78.030)
A. 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
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: Because the site is intensively developed with a
large twin home, no area remains on which to place a spa.
Therefore, the condition is self-induced due to an intensively
developed site. Furthermore, without the existence of the
spa, a legal protecting wall is not required.
JK/03/CAB17-1635WP5 (1-16-90/3) 8