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1990-05 RESOLUTION NO. C-90-005 A RESOLUTION OF THE CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD APPROVING A VARIANCE FROM SECTION 30.16.010 A 7 AND 11 OF THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2033 CAMBRIDGE AVENUE (Case No. 89-298 V) WHEREAS, Joseph Cobbs and James Chinn 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) An 8 foot encroachment into the 20 foot rear yard setback. (Section 30.16.010 A10). (2) A 5 foot 6 inch encroachment into the 20 foot front yard setback. (Section 30.16.010 A 7). (3) Exceeding the 40% Lot Coverage Standard by 118 square feet (Section 30.16.010 All). WHEREAS, the property is located at 2033 Cambridge Avenue, and legally described as follows: Lots 37 and 38 in Block 39 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 February 26, 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; CO/03/CR06-466wp5 1(3-7-90-2) 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 February 21 1990 which is incorporated by this reference as though fuÍly 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 89-298V is hereby APPROVED, and the subject structure may encroach 8 feet into the 20 foot rear yard setback, 5 feet 6 inches into the front yard setback, and exceed the lot coverage by 118 sq. ft. (1918 sq. ft. total) 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. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING COMPLIANCE WITH CONDITIONS 2-5: Street Conditions I (2) 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. (3) An Irrevocable Offer of Dedication (I.O.D.) shall be made for 10 feet along Cambridge adjacent to the property for public right-of-way purposes. Cambridge Avenue is classified as a local street requiring a 60 foot right-of-way or 30 feet from the official centerline of such street. i I CO/03/CR06-466wp52(3-7-90-2) I I i Drainaae Conditions (4) Concentrated flows across driveways and/or sidewalks shall not be permitted. Utilities (5) The developer shall be responsible for coordination with S.D.G. & E., Pacific Telephone, and Cable TV authorities. FIRE PREVENTION DISTRICT: (6) The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required. (7) 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, andlor cost recovery fees have been paid. PLANNING AND COKHUNITY DEVELOPMENT: (8) 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. (9) Proof of approval or exemption of this project by the Coastal Commission shall be provided prior to issuance of building permits. (10) 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. (11) Garage doors shall be a roll-up or sectional models and shall be equipped with an automated opening and closing system. 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 15301(e) (1) of CEQA. CO/03/CR06-466wp5 3(3-7-90-2) PASSED AND ADOPTED this 26th day of February, 1990, by the following vote, to wit: AYES: Orr, MacManus, McCabe, Crosthwaite, Barker NAYS: None ABSENT: None ABSTAIN: None B R, ChaJ.rperson of iff-by-the-Sea Community ry Board ATTEST: ~~~.oQ~ Craig R. Olson Assistant Planner CO/03/CR06-466wp5 4(3-7-90-2) ATTACHMENT "A" RESOLUTION NO.: C-90-005 Findin s for Variance A 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. The portion of the structure encroaching into the front yard setback is located above an existing lower level structure. The lot coverage variance would allow the remodel to be consistent with the square footage of other, existing structures in the neighborhood. 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 12 feet 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. The front yard and lot coverage variances would permit a remodel plan consistent with existing development in the neighborhood. c. A Variance will not be granted for a parcel of p:operty which authorizes a use or activity which is not otherwJ.se 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 CO/03/CR06-466WP55(3-7-90-2) 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 var~ance. 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: 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 and 2nd floor additions which would not exceed current roof ridgeline heights. The 118 square foot area proposed to exceed the allowable 1800 square foot of lot coverage is necessary to allow for a garage structure in addition to the existing dwelling structure. The proposed remodel is consistent with the R-11 Zoning District and is not anticipated to pose a public or private nuisance. CO/03/CR06-466wp5 6(3-7-90-2)