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1990-16 RESOLUTION NO. C-90-016 A RESOLUTION OF THE CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD APPROVING A VARIANCE REQUEST FOR A REDUCTION IN THE FRONT YARD SETBACK TO PERMIT A ROOM ADDITION INTO THE FRONT YARD SETBACK AREA FOR PROPERTY LOCATED AT 1208 SEA VILLAGE DRIVE (CASB NUMBER 90-047V) WHEREAS, a request for consideration of a Variance was filed by Robert Lacks to allow a room addition to encroach 5 feet into the 25 foot front yard setback area for a property in the R-3 Zone per Section 30.16.010 and Chapter 30.78 of the City of Encinitas Municipal Code, for the property located at 1208 Sea Village Drive legally described as: Lot 95 of Cardiff Sea Village, in the County of San Diego, State of California, according to Map there of No. 8067, filed in the Office of the County Recorder of San Diego County, February 13, 1987. WHEREAS, a public hearing was conducted on the application on April 9, and continued to the public hearing on April 23, 1990, and; WHEREAS, the Community Advisory Board considered: 1. The staff report dated April 2, 1990; 2. The application, site plan and Statement of Justification submitted by the applicant; 3. Oral evidence submitted at the hearing; 4. Written evidence submitted at the hearing; and WHEREAS, the Cardiff-by-the-Sea Community Advisory Board was able to make the following findings pursuant to Chapter 30.78 of the Encinitas Municipal Code: (SEE ATTACHMENT" A ") NOW, THEREFORE, BE IT RESOLVED by the Cardiff-by-the-Sea Community Advisory Board of the City of Encinitas that application 90-047V is hereby approved subject to the following conditions: (1) Plans submitted for building plan check shall conform to the Variance Request. (2) Prior to final Building Permit approval, the property owner shall have recorded a Covenant agreeing to maintain landscape height at, or below 26 feet. JK/04/cro7-531wp5 1(5-2/90/1) (3) 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 department inspection. (4) 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. (5) 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. (6) Proof of approval or exemption of this project by the Coastal Commission shall be provided prior to issuance of building permits. (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) The remodel is for a single family residential use only. Any conversion of the existing structure or proposed remodel to a second dwelling unit is strictly prohibited. (9) Fire Department: Prior to building permit issuance, the applicant shall submit proof that the Fire District recovery fees have been paid. Address numbers shall be clearly visible from the street fronting the structure. (10) APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: Drainaae Conditions (A) Concentrated flows across driveways andl or sidewalks shall not be permitted. Street Conditions (B) Developer shall execute and record a covenant with the County Recorder agreeing not to oppose the JK/04/cro7-531wp52(S-2/90/1) formation of an assessment district to fund the installation of right-of-way improvements. utilities (C) The owner shall comply with all the rules, regulations and design requirements of the respective utility agencies regarding services to the project. Undergrounding of existing and proposed utilities shall be required in accordance with Municipal Code provisions. (D) The owner shall be responsible for coordination with S.D.G.& E., Pacific Telephone, and Cable TV authorities. 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 15301(e) (1) of CEQA. PASSED AND ADOPTED this 23th day of April, 1990, by the following vote, to wit: AYES: McCabe, MacManus, Barker, Crosthwaite NAYS: None ABSENT: Orr ABSTAIN: None Æ~44 Tèrrance Barker, Cha~rperson of the Cardiff-by-the-Sea Community Advisory Board A~úÞ e ve~ . -w- ~ Craig R. Olson Assistant Planner JK/04/cro7-531wp5 3(5-2/90/1) ATTACHMENT "A" RESOLUTION NO. C90-016 FINDINGS FOR A VARIANCE Findings: What follows are the findings of fact made by the Board to approve the variance request pursuant to Zoning Ordinance Sect. 30.78.030: A. A variance from the terms of the zoning regulations 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 regulations deprives such property of privileges enjoyed by other property in the vicinity and under the same zoning classification. Evidence: The subject parcel is constrained with special circumstances of shape and topography since the location of the existing structure and the presence of the steep slope in the rear yard area significantly limit the remaining building envelope. 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 same vicinity and zone in which such property is situated. Evidence: The grant of this variance would not constitute a special privilege since other properties in the vicinity are developed at the existing setback and since the applicant proposes an addition which encroaches no further than the existing front building wall. 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 regulations governing the parcel of property. The provisions of this section shall not apply to use permits. Evidence: The subject property is zoned Residential-3 which allows single family residential structures and room additions. 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 significant impact to the site and adjacent properties than the project requiring a variance. JK/04/cro7-531wp5 4(S-2/90/1) 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; 4. Would authorize or legalize the maintenance of any public or private nuisance. Evidence: An alternate development plan would create undesirable internal circulation problems, and would create incongruous roof-lines due to existing structural conditions. In addition, the shape and existing topography of the property limits alternative buildable area. The expansion of the existing residential structure would neither consti tute a rezoning nor an amendment to the zoning code, nor would authorize or legalize the maintenance of a public nuisance since single family residential uses are permitted in the R- 3 zone and the existing property is in a condition of good repair. JK/04/cro7-531wp55(5-2/90/1)