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)