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1990-27 RESOLUTION NO. C-90-27 A RESOLUTION OF THE CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD APPROVING A VARIANCE FROM SECTION 30.16.010 A 7 OF THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 445 SHEFFIELD AVENUE (CASE NO. 90-160 V) WHEREAS, Tom McCabe 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 8 Zoning District: A ten (10) foot structural encroachment (with a three (3) foot roof overhang) into the 25-foot front yard setback when measured from the 10 foot dedication line for street right-of-way purposes. WHEREAS, the property is located at 445 Sheffield Avenue and legally described as follows: Lot 1 of Parcel Map No. 10766, filed in the Office of the County Recorder of San Diego County, December 4, 1980 as file No. 80-409537 of Official Records. WHEREAS, a public hearing was conducted on the application on August 13,1990 by the Cardiff-by-the-Sea Community Advisory Board, at which time all persons desiring to be heard were heard; and, CO/02/CR07-634wp51(08/15/90-3) Page 1 of 7 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 June 29, 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 August 8, 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 FURTHER RESOLVED THAT the application for Variance 90-060V is hereby APPROVED, and the subject structure may encroach 10 feet into the 25-foot front yard setback when measured from the 10 foot 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 the approved building heights. COI02/CR07-634wp5 2(08/15/90-3) Page 2 of 7 (4) Prior to foundation andlor 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. (S) citv Encrineer: Applicant shall contact the Public Works Department regarding compliance with the following conditions (SA-J): Gradina Conditions A. The developer shall obtain a grading permit, if applicable, prior to the commencement of any clearing or grading of the site. B. The grading for this project is defined in Chapter 23.24 of the Encini tas Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 23.24 of the Encinitas Municipal Code. C. A soilslgeologicallhydraulic report (as applicable) shall be prepared by a qualified engineer licensed by the state of California to perform such work at first submittal of a grading plan. Drainaae Conditions D. The owner shall exercise special care during the construction phase of this project to prevent any offsite siltation. The owner shall provide erosion control measures and shall construct temporary desiltationldetention basins of type, size and location as approved by the City Engineer. The basins and erosion control measures shall be shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer prior to the start of any other grading operations. E. A drainage system capable of handling and disposing of all surface water originating within the project, and all surface waters that may flow onto the project from adjacent lands, shall be required. Said drainage system shall include any easements and structures as required by the City Engineer to properly handle the drainage. CO/02/CR07-634wp53(08/15/90-3) Page 3 of 7 ------ F. Concentrated flows across driveways andlor sidewalks shall not be permitted. street Conditions G. 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 or sewer line extension improvements. utilities H. The developer shall comply with all the rules, regulations and design requirements of the respective utility agencies regarding services to the project. I. The developer shall be responsible for coordination with S.D.G. & E., Pacific Telephone, and Cable TV authorities. J. All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. (6) 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 var iance to have expired with the privileges granted thereby cancelled. (7) 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. (8) 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. (9) 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. COI02/CR07-634wpS4(08/15/90-3) Page 4 of 7 --------- - (10) Fire Department: 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. (11) The property owner shall pay flood control and any other development impact fees as required by Municipal Code prior to final inspectionloccupancy of the subject structure. 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(a) of CEQA. PASSED AND ADOPTED this 13th day of August, 1990, by the following vote, to wit: AYES: Orr, Grossman, MacManus NAYS: None ABSENT: None ABSTAIN: McCabe ATT~ ~ l<øe. ~ craig R. Olson Assistant Planner COI02/CR07-634wp5 5(08/15/90-3) Page 5 of 7 ATTACHMENT "A" RESOLUTION NO. C-90-27 FINDINGS PURSUANT TO SECTION 30.78.030 (VARIANCE) OF THE CITY OF ENCINITAS 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 vicini ty 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 dedication. The City is currently reviewing public street standard requirements. The Board finds that since other properties within the neighborhood could seek a waiver to an Irrevocable Offer of Dedication (IOD) pursuant to City Council policy of March 14, 1990, the burden of requiring the additional 10 foot setback deprives the applicant of privileges enjoyed by other property owners within the vicinity and under the R-8 Zoning District. 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 variance is for an unusual situation and would not set a precedent for any special condition within Cardiff. The Board finds that other property owners can seek waiver of the 10 foot dedication per City Council Policy of March 14, 1990 and, therefore, approval of this variance would not grant any special privileges to the applicant. 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-8 Zoning District. COI02/CR07-634wpS 6(08/15/90-3) Page 6 of 7 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 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 would disrupt the available existing mature landscape trees on the property. The dedication was required by the County and is, therefore, not self-induced. The applicant seeks to continue the single-family use which is permitted in the R-8 Zone and no public or private nuisance is known to exist at this location. The Board finds that the variance will not adversely impact surrounding properties since other property owners have the ability to remodel their homes using a 25 foot front yard setback measured from their existing front yard property line without any street dedication. COI02/CR07-634wp5 7(08/15/90-3) Page 7 of 7