1990-10
RESOLUTION NO. C-90-010
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COHHUHITY ADVISORY BOARD APPROVING A VARIANCE FROM
SECTION 30.16.010Fl
OF THE ZONING ORDINANCE FOR PROPERTY LOCATED AT
1303 BELLEVIEW AVENUE
(case No. 90-030 V)
WHEREAS, Robert E. widholm applied for a Variance in
accordance with Chapter 30.78 of the Zoning Ordinance to allow the
following variance from development standards for the Residential
property located in the R-5 zoning District:
A six foot solid wood fence located within the 15 foot
setback area from front and street sideyard rights-of-
way.
WHEREAS, the property is located at 1303 Belleview Avenue, and
legally described as follows:
Lot 12, Block 2 of the RESUBDIVISION OF M. L. DURAND'S
ADDITIONS to Encinitas, in the San Diego, State of California
according to Map thereof No. 3491, filed in the Office of the
County Recorder of San Diego County, August 22, 1956.
WHEREAS, a public hearing was conducted on the application on
March 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 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 March 21, 1990,
CO/JM/CR07-493wp51(4-2-90/4) PAGE 1 OF 5
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 90-030V
is hereby APPROVED, and the subject fence may remain as erected
within the 15 foot front and street sideyard setback from rights-
of-way 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) No further expansion of the 6 foot solid wood fence into the
15 foot setback area from front and street sideyard rights-
of-way is permitted.
(3) The fencing height and placement shall be re-evaluated by the
city at a time when street improvements are proposed or made
in the vicinity of Belleview and Santa Fe Avenues. If, in the
opinion of the City Engineer, the height or placement of the
subject fence poses a sight distance impact or other private
or public nuisance, a noticed public hearing may be scheduled
before the cardiff-by-the-Sea community Advisory Board. At
said hearing, the Board may modify or revoke the variance
approval granted under this permit.
(4) Applicant shall submit a statement, from the Fire Prevention
District to the community Development Department within
fifteen (15) calendar days after the effective date of this
permit, indicating that all development impact, plan check
and/or cost recovery fees have been paid.
CO/JM/CR07-493wp5 2(4-2-90/4) PAGE 2 OF 5
(5) Address numbers shall be clearly visible from the street
fronting the structure to the satisfaction of the city Fire
Marshal.
(6) The property owner agrees to keep the fence in good repair and
free of graffitti or any condition which reduces the visual
quality of the fence.
(7) 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.
(8) In the event that one or more of the conditions imposed on
this variance is violated, the Director of Planning and
community Development, upon notice to the applicant or future
property owner and an opportunity to present information, may
revoke this variance or impose additional conditions.
BE IT FURTHER RESOLVED by the Cardiff-by-the-Sea community
Advisory Board of the City of Encinitas that:
This project was found to be exempt from environmental review,
per section 15303(e) of CEQA.
PASSED AND ADOPTED this 26th day of March, 1990, by the
following vote, to wit:
AYES: McCabe, MacManus, Orr, Crosthwaite
NAYS: None
ABSENT: Barker
ABSTAIN: None
Crosthwa~te, V~ce-Chairperson
Cardiff-by-the-Sea Community
ory Board
ATTEST:
ûz.Þ. 1<.:> (( . W......-
Craig R. Olson
Assistant Planner
CO/JM/CR07-493wp5 3(4-2-90/4) PAGE 3 OF 5
ATTACHMENT "A"
RESOLUTION NO. C-90-010
Findings for Variance ADDroval (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 Code fence standards would expose the owner's home to
Santa Fe Avenue and associated security impacts.
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: Approval of the variance has been conditioned to
prohibit any further expansion of the fencing within the 15
foot setback area from street frontages and a condition has
been imposed to require a re-evaluation of fencing height and
placement in the event that improvements are made within the
Belleview and Santa Fe Avenue rights-of-way. The applicant
has submitted photographs which indicate that many property
owners have constructed similar 6 foot fencing within the 15
foot setback from street right-of-way.
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-5
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 signif icant impact to the site and
adjacent properties then the project requiring a
variance;
CO/JM/CR07-493wp54(4-2-90/4) PAGE 4 OF 5
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 necessity to provide a security
buffer to the property. An alternative development plan would
not provide this benefit. In addition, the board finds that,
since past street sideyard setback requirements permitted
structures to be located 10 ft. from the right-of-way, the new
fencing requirements would expose 5 feet of the structure
without benefit of a solid 6 foot fence (and adequate pathway
room between the structure and fence) thereby, causing a
situation which was not self-induced. The current location
of the fence does not pose a sight obstruction problem and,
therefore, does not constitute a private or public nuisance.
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