Loading...
1990-37 RESOLUTION NO. C90-37 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 135 SCHUBERT PATH (CASE NO. 90-200 V) WHEREAS, Robert and Alberta Nacke 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 nine (9) foot structural encroachment into the 25 foot front yard setback for a garage addition and an approximately four (4) foot encroachment into the front yard area for a new entry addition, and a three (3) foot encroachment into the 25 foot rear yard setback for a deck enlargement (for a total deck extension of seven (7) feet, since a four (4) foot projection is allowed per Zoning Code section 30.16.010E-6). WHEREAS, the property is located at 135 Schubert Path and legally described as follows: Lot H in Block 80 of Cardiff Villa Tract, in the County of San Diego, State of California, according to Map thereof No. 1469, filed in the Office of the County Recorder of San Diego County. WHEREAS, a public hearing was conducted on the application on September 24, 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 plan, floor plans and elevations submitted by the applicant and dated received by the city on September 17, JK/jm/CAB19-1989wp58(9-25-90/4) 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 September 11, 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 90-200V is hereby APPROVED, and the subject structure may encroach up to 9 feet into the 25-foot front yard setback when measured from the property line, and 7 feet into the 25 foot rear yard setback when measured from the property 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 and as indicated on plans received September 17, 1990 and approved by the Board. (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 structure's height. (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. JK/jm/CAB19-1989wp5 9(9-25-90/4) (5) City Engineer: 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. (6) Fire Deoartment: 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. (7) 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. (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) 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 Director, the Director may declare the variance to have expired with the privileges granted thereby cancelled. (10) 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. (11) This approval may be appealed to the Planning Commission within 15 calendar days from the date of this approval. (12) Permits of findings of exemption shall be obtained from other agencies as follows: state Coastal Commission 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. JK/jm/CAB19-1989wp5 10(9-25-90/4) PASSED AND ADOPTED this 24th day of September, 1990, by the following vote, to wit: AYE S: M (;. c..p.f;Æ., G~z.. J rv1 ~ MÞOÑ (J..~ NAYS: No~¿ ABSENT: bttoc;Sf..\AÑ t .,..-e fV\ ABSTAIN: ,Jot1€ - / c: / Caro c s, of the Cardiff- A~e.c;-Q. Community Advis - Craig R. Olson Assistant Planner JK/jm/CAB19-1989wp5 11(9-25-90/4) ATTACHMENT "A" RESOLUTION NO. C90-37 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 vicinity and under identical classification. Evidence: The Cardiff Community Advisory Board finds that the strict application of the setback requirement would deprive the applicant of privileges enjoyed by surrounding property owners under the R-8 classification since other properties are developed with garages, and existing structures and site conditions for the subject property preclude the possibility of adding a two-car garage within setback limits. Further, the Board finds that additional site constraints warrant the granting of variances for the front yard area living space (4 foot encroachment) and for the deck expansion into the rear yard area (approximately 7 foot encroachment). The Board finds that the existing conditions of minimal existing front and rear yards warrant these variance approvals. 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 granting of this variance would not constitute a grant of special privileges since garages are common and acceptable uses in residential zones and since the addition to living space to the front of the subject dwelling and to the rear deck are reasonable expansions of the existing residential use. 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 proposed use on the property is single family residential and the remodel will not change the use or current residential acti vi ty. single family residential use is permitted in the R-8 Zoning District. JK/jm/CAB19-1989wp5 12(9-25-90/4) 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 no alternative location for a standard sized garage is available on the site and that current site difficulties (i.e. two carports of limited utility) created by the prevl.ous owner are sought to be corrected by this application. The Board also finds that this application would not constitute a rezoning or amendment to the Zoning Code or constitute a nuisance since the proposed residential use would be consistent with the R-8 zoning. JK/jm/CAB19-1989wp513(9-25-90/4)