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.
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(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
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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.
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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.
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