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,
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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
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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.
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--- ---------
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.
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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.
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