1990-06
RESOLUTION NO. C-90-006
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMMUNITY ADVISORY BOARD APPROVING A VARIANCE FROM
SECTION 30.16.010 A 7 OF THB
ZONING ORDINANCE FOR PROPERTY LOCATED AT
1716 RUTHLOR ROAD
(CASE NO. 90-006V)
WHEREAS, Jack Bowland and Ed Eginton applied for a Variance
in accordance with Chapter 30.78 of the Zoning Ordinance to allow
the following encroachment into the front and side yard setbacks
specified by the Residential 8 Zoning District:
A. Four foot structural encroachment into the 25-foot front
yard setback; and
B. Two foot extension of the roof eaves beyond the permitted
4 foot projection (Section 30.16.010E6) into the front
yard setback.
WHEREAS, the property is located at 1716 Ruthlor Road and
legally described as follows:
Lot 297 of Poinsettia Heights unit No. 6, in the City of
Encinitas, County of San Diego, State of California, according
to map thereof No. 4574, filed in the Office of the County
Recorder of San Diego County on June 23, 1960.
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
CO/03/CR06-461WP5 (3-7-90-1)
WHEREAS, evidence was submitted and considered to include
without limitation:
a. site plan 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 February 21,
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:
1. The strict application of the Zoning setbacks would
deprive the property owner of the ability to remodel his
residence and construct a garage of adequate size to
accommodate two cars as other property owners within the
neighborhood are available to enjoy.
2. The variance will not grant a special privilege since the
subject structure, and other structures within the
neighborhood, are currently constructed to 5-foot side
yard and 20-foot front yard standards.
3. The current use is single family residential and the
remodel will not change the current use or activity.
Single family Residential use is permitted within the R-
8 Zoning District.
4. An alternative development plan is not viable due to the
inability to access the rear yard area for purposes of
garage parking and the steep slope of the rear yard would
require construction in this area to adversely impact
neighboring properties. The variance is not a result of
any previous action taken by the current or past property
owners nor would it constitute a rezoning or pose a
private or public nuisance.
BE IT RESOLVED THAT the application for Variance 90-006V is
hereby APPROVED, and the subject structure may encroach 4 feet into
the 25-foot front yard setback and roof eaves may extend 2 feet
beyond the permitted 4 foot projection into the front yard; subject
CO/03/CR06-461WP5 (3-7-90-1)
to the following conditions:
(1) Plans submitted for building plan check shall conform to
the Variance request. The building height shall be
limited to Zoning Code requirements and separate Design
Review Application must be submitted if required by the
Design Review Ordinance provision.
(2) Developer shall provide certified height surveys by a
licensed Civil Engineer or surveyor verifying that
building heights conform to approved plan heights prior
to the issuance of framing inspection approval.
(3) Prior to final Building Permit approval, the property
owner shall have recorded a Covenant agreeing to maintain
landscape height at, or below 26 feet.
(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) If substantial construction has not been completed in
reliance upon a granted variance within one year of the
grant, then upon notice to the property owner, and an
opportunity to present information to the Community
Development Director, the Director may declare the
variance to have expired with the privileges granted
thereby cancelled.
(6) In the event that one or more of the conditions imposed
on the variance is violated, the Director, upon notice
and an opportunity to present information, may revoke the
variance or impose additional conditions.
(7) Proof of approval or exemption of this project by the
Coastal Commission shall be provided prior to issuance
of building permits.
(8) The applicant shall cause to be recorded a covenant
regarding real property which sets forth this grant of
approval. The covenant shall be in form and content
satisfactory to the Director of Planning and Community
Development.
BE IT FURTHER RESOLVED by the Cardiff-by-the-Sea Community
Advisory Board of the City of Encinitas that:
CO/03/CR06-461WP5 (3-7-90-1)
(1) This project was found to be exempt from environmental
review, Section 15301(e) (1) of CEQA.
PASSED AND ADOPTED this 26th day of February, 1990, by the
following vote, to wit:
AYES: Crosthwaite, MacManus, Barker, Orr, McCabe
NAYS: None
ABSENT: None
ABSTAIN: None
ATTEST: ~ ~
~tb . ~~
Craig R. Olson
Assistant Planner
CO/03/CR06-461WP5 (3-7-90-1)