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;
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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.
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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.
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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
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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.
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