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1990-31 RESOLUTION NO. C-90-31 A RESOLUTION OF THE CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD APPROVING A VARIANCE FROM SECTION 30.16.010 A 7 AND 10 OF THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2413 SAN ELIJO AVENUE (CASE NO: 90-181V) WHEREAS, Barry Marassi and Resor Architects applied for a Variance in accordance with Chapter 30.78 of the Zoning Ordinance to allow the following encroachment into the front and rear yard setbacks specified by the Residential 11 Zoning District: (1) 7 foot 6 inch encroachment into the 20 foot front yard setback for an upper level deck; and, (2) 5 foot 8 inch encroachment into the 20 foot rear yard setback for a portion of a proposed garage. WHEREAS, the property is located at 2413 San Elijo Avenue and legally described as follows: Lots 47 and 48 in Block 6, of Tract No. 1369, being a Subdivision of a portion of Cardiff, according to Map thereof No. 1369, filed in the Office of the County Recorder of San Diego County, January 15, 1912. WHEREAS, a public hearing was conducted on the application on August 27, 1990 by the Cardiff-by-the-Sea Community Advisory Board, at which time all persons desiring to be heard were heard; and, CO/dc/CR08-637wp5 (9-13-90/2) 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 July 18, 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 22, 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 FURTHER RESOLVED THAT the application for Variance 90-181V is hereby APPROVED, and the subject structure may encroach 7 ft. 6 in. into the 20-foot front yard setback and 5 ft. 8 in. into the 20 foot rear yard setback; 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. The building plans shall show a redesign to the southerly chimney to be out of the side yard setback or designed to conform to the 6 foot maximum vertical projection standard. (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 CO/dc/CR08-637wp5 (9-13-90/2) Page 2 of 7 heights. (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 Enaineer: Applicant shall contact the Public Works Department regarding compliance with the following conditions (SA-G): A. Concentrated flows across driveways and/or sidewalks shall not be permitted. street Conditions B. In Irrevocable Offer of Dedication (I.O.D.) shall be made for 10 feet along Dublin Drive adjacent to the property for public right-of-way purposed unless waived pursuant to City Council Policy of March 14, 1990. C. An Irrevocable Offer of Dedication (I.O.D) shall be made, if applicable, along San Elijo Avenue adjacent to the property for road purposes unless waived pursuant to City Council Policy of March 14, 1990. San Elijo is classified as a local street requiring 60 feet of right-of-way or 30 feet from official centerline. D. 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 E. The developer shall comply with all the rules, regulations and design requirements of the respective utility agencies regarding services to the project. F. The developer shall be responsible for coordination with S.D.G. & E., Pacific Telephone, and Cable TV authorities. G. All proposed utilities within the project shall be CO/dc/CR08-637wp5 (9-13-90/2) Page 3 of 7 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 variance to have expired with the privileges granted thereby cancelled. (7) Nothing shall be placed on, or attached to the second story or roof decks that would extend beyond the 26 foot standard height envelope or the highest point of the building's roof ridgeline. Enclosure of the roof deck with any material (i.e., plexiglass) is strictly prohibited. (8) The two legal lots of record shall be merged into a single lot prior to issuance of a Building Permit by the recordation of a certificate of compliance in a form acceptable to the Director of Planning and Community Development. (9) 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. (10) 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. (11) 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. (12) F ire 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. (13) 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. CO/dc/CR08-637WPS (9-13-90/2) Page 4 of 7 --- --------- 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 27th day of August, 1990, by the following vote, to wit: AYES: McCabe, Grossman, MacManus NAYS: None ABSENT: Orr ABSTAIN: None ATT~ e.. ~ ...-- Q craig R. Olson Assistant Planner CO/dc/CR08-637wpS (9-13-90/2) Page 5 of 7 ATTACHMENT "A" RESOLUTION NO. C-90-31 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 remodel will stay within the existing foot print of the building. The remodeled garage will eliminate 186 sq. ft. of the current garage encroachment and only add 44 sq. ft. Therefore, it is found that the majority of the remodel is for legal nonconforming replacement which is permitted by Sectiqn 30.76.120 of the Zoning Code and the remaining variance will not grant a special privilege to the property owner since evidence is available to support the fact that many garages within the neighborhood encroach into the current rear yard setback. 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 adjustment does not authorize or constitute any grant of special privilege, since the degree of nonconformity of the garage structure is reduced. 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 acti vi ty . Single family residential use is permitted in the R-11 zoning District. CO/dc/CR08-637wp5 (9-13-90/2) 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 adjacent properties then the project requiring a variance; 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 is not viable since the existing configuration of the structure upon the lot will match the proposed remodel. The structure exists and no evidence is available to indicate a previous variance and, therefore, is not self-induced. The degree of variation does not constitute a rezoning since the single family use will continue. No evidence exists to indicate a public or private nuisance on the property. CO/dc/CR08-637wp5 (9-13-90/2) Page 7 of 7