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1990-20 RESOLUTION NO. C-90-020 A RESOLUTION OF THB CARDIFF-BY-THE-SEA COKHUNITY ADVISORY BOARD APPROVING A VARIANCE FROM SECTION 30.16.010 A 7 OF THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2433 MANCHESTER AVENUE (CASE NO. 90-115 V) WHEREAS, Maria Sougias and Donald CountrYman applied for a Variance in accordance with Chapter 30.78 of the Zoning Ordinance to allow the following encroachment into the front yard setback specified by the Residential 11 Zoning District: A seven foot, structural encroachment into the 20-foot front yard setback when measured from the 10 foot Irrevocable Offer of Dedication (IOD) line. WHEREAS, the property is located at 2433 Manchester Avenue legally described as follows: Lots 39 and 40 in Block 9 of CARDIFF, in the County of San Diego, state of California, according to Map thereof No. 1298, filed in the Office of the County Recorder of said County, November 14,1910. Said lots 39 and 40 are hereby merged into a single lot of record by Certificate of Compliance # 89-288; recorded on December 27, 1989. WHEREAS, a public hearing was conducted on the application on June 11, 1990 by the Cardiff-by-the-Sea Community Advisory Board, at which time all persons desiring to be heard were heard; and, COI04/CR06-557wp51(6-13-90/1) WHEREAS, evidence was submitted and considered to include without limitation: a. Site plan, floor plans and elevations submitted by the applicant and dated received by the City on May 17,1990; 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 June 6,1990, 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: (SEE ATTACHMENT "A") BE IT RESOLVED THAT the application for Variance 90-01SV is hereby APPROVED, and the subject structure may encroach 7 feet into the 20-foot front yard setback when measured from the 10 foot Irrevocable Offer of Dedication Line; subject 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. (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. CO/04/CR06-557wpS 2(6-13-90/1) (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 department inspection of the foundations for the portion of the structure requiring the variance. (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 ~evoke the variance or impose additional conditions. (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 DeDartment: Prior to 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) The property owner shall pay flood control and any other development impact fees as required by Municipal Code prior to final inspection/occupancy of the subject structure. BE IT FURTHER RESOLVED by the Cardiff-by-the-Sea Community Advisory Board of the City of Encinitas that: COI04/CR06-557wp5 3(6-13-90/1) This project was found to be exempt from environmental review per Section 15301(e) (1) of CEQA. PASSED AND ADOPTED this 11th day of June, 1990, by the following vote, to wit: AYES: MacManus, Orr, McCabe, Barker NAYS: None ABSENT: Crosthwaite ABSTAIN: None MTEST: ~ Ctu. tc.::> e . ~ r- - Craig R. Olson Assistant Planner COI04/CR06-S57wpS 4(6-13-90/1) ATTACIDIENT "A" RESOLUTION NO. C-90-020 FINDINGS PURSUANT TO SECTION 30.78.030 (VARIANCB) OF THB CITY OF BNCINITAS ZONING ORDINANCE A. A Variance from the terms of the Zoning Ordinance 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 other property in the vicinity and under identical classification. Evidence: The Cardiff Community Advisory Board finds that the strict application of the setback requirement would require the addition to be set back further than buildings proposed on property not impacted by the IOD. In accordance with City Council Policy of March 14, 1990, development projects may be waived from the IOD requirement if SO% of the properties in the block are developed at a lesser right-of-way standard. It is evident to the Board that this is the situation in the neighborhood and, if an IOD had not already been recorded, this project would be waived of the requirement. 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 Board finds that the variance will not grant a special privilege since the subject structure, and other structures within the neighborhood, are currently constructed to a 20 foot front yard setback standard when measured from the property line fronting the current 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 property. Evidence: The Board finds that the current use on the property is single family residential and the remodel will not change the use or current activity. Single family residential use is permitted in the R-11 Zoning District. CO/04/CR06-557wpS 5(6-13-90/1) 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 si te and adj~cent 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 of 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 which requires a 10 ft. IOD plus a 20 ft. setback significantly impacts the enjoYment of the property, and other property owners would not currently be required to implement an IOD. The remodel does not constitute a rezoning and would not authorize or legalize any private or public nuisance; nor is the situation self-induced since the IOD was recorded per City standards. CO/04/CR06-557wp5 6(6-13-90/1)