1990-23
RESOLUTION NO.C-90-023
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMMUNITY ADVISORY BOARD APPROVING A VARIANCE FROM
SECTION 30.16.010 A 8 AND 11
OF THE ZONING ORDINANCE FOR PROPERTY LOCATED AT
2529 NEWPORT AVENUE
(Case No. 90-136 V)
WHEREAS, Joseph Ellis and Richard Haeger applied for a
Variance in accordance with Chapter 30.78 of the zoning Ordinance
to allow the following variances from development standards for the
Residential 11 Zoning District:
(1) A 5 foot 9 inch encroachment into the 10 foot street side yard
setback. (Section 30.16.010 A8).
(2) Exceeding the 40% Lot Coverage Standard by 304 square feet to
47% (Section 30.16.010 All).
WHEREAS, the property is located at 2529 Newport Avenue, and
legally described as follows:
Lots 39,40 and 41 in Block 4 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 San Diego
County, November 14, 1910.
Together with the Southwesterly Half of the alley immediately
adjoining Lots 39 and 40, in said Block 4 on the Northeast,
said alley having been vacated and abandoned by Resolution of
the Board of Supervisors of the County of San Diego, recorded
March 22, 1951, in Book 4022, Page 347 of Official Records.
WHEREAS, a public hearing was conducted on the application on
June 25,1990, 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 and elevations submitted by the applicant and dated
received by the City on May 29, 1990;
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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 20, 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 nAn)
BE IT ALSO RESOLVED THAT the application for Variance 90-136V
is hereby APPROVED, and the subject structure may encroach S feet
9 inches into the 10 foot street side yard setback, and exceed the
lot coverage by 304 sq. ft. (1976 sq. ft. tota I) 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.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH CONDITIONS 2-5:
Street Conditions
(2) Developer shall execute and record a covenant with the County
Recorder agreeing not to oppose the formation of an assessment
district to fund the installation of right-of-way
improvements.
(3) An Irrevocable Offer of Dedication (I.O.D.) shall be made for
10 feet along San Elijo Avenue adjacent to the property for
public right-of-way purposes.
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Drainaae Conditions
(4) Concentrated flows across driveways and/or sidewalks shall not
be permitted.
utilities
(5) The developer shall be responsible for coordination with
S.D.G. & E., Pacific Telephone, and Cable TV authorities.
FIRE PREVENTION DISTRICT:
(6) Prior to building permit issuance, applicant shall submit a
stateme~t from the Fire District to the community Development
Department indicating that all development impact, plan check,
andlor cost recovery fees have been paid.
PLANNING AND COMMUNITY DEVELOPMENT:
(7) Prior to foundation and/or pad preparation for the proposed
remode I, 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 inspection approval of the foundation
forms.
(8) Proof of approval or exemption of this project by the Coastal
Commission shall be provided prior to issuance of building
permits.
(9) The property shall be merged into a single Lot of Record by
a certificate of Compliance to be recorded prior to issuance
of building permits.
(10) 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.
(11) A proponent of protestant of record may appeal a final
decision of the hearing body by filing the appeal within
fifteen (lS) calendar days of the hearing body's decision
pursuant to Chapter 1.12 of the Encinitas Municipal Code.
BE IT FURTHER RESOLVED by the Cardiff-by-the-Sea community
Advisory Board of the City of Encinitas that:
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(1) This project was found to be exempt from environmental review,
section 15301(e) (1) of CEQA.
PASSED AND ADOPTED this 25th day of June, 1990, by the
following vote, to wit:
AYES: Grossman, MacManus, Orr
NAYS: None
ABSENT: McCabe, Barker
ABSTAIN: None
ATTEST:
ÛA1£Þ E' . vP~
craig R. Olson
Assistant Planner
COI03/CR07-577wp5 4(7-03-90-4)
ATTACHMENT "A"
RESOLUTION NO.: C-90-023
Findinas 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 special requirement for
a 10 foot IOD along the southern property line significantly
affects the size and shape of the property and buildable area
since setbacks are taken 10 feet away from the property line
and the square footage of the IOD area is not considered for
purposes of lot coverage calculation. The board finds that
the property owner is deprived the privilege to utilize his
property that would be allowed another property not affected
by the IOD requirement. The 10 foot IOD required constitutes
a special circumstance in that it places an unusual burden on
the property in terms of available building area.
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: No special conditions would be necessary for the
subject request since the adjustment does not authorize or
constitute a grant of special privilege.
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-11
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
adj~cent properties then the project requiring a
var~ance.
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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; 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 since the existing configuration of the
structure upon the lot precludes expanding the bedroom area
in any other direction. The variance would not significantly
impact surrounding structures since the project is designed
to reconstruct the roof lower than the existing roof line and
does not propose to extend closer to San Elijo Avenue than the
current southerly wall of the existing structure.
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