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1990-41 ~-- RESOLUTION NO. C-90-41 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 1707 GLASGOW AVENUE (CASE NO. 90-232 V) WHEREAS, curtis Scott Englehorn and Susan D. Watts 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: (1) A 13 foot 10 inch encroachment into the 25 foot front yard setback for a portion of a proposed garage and, (2) A 4 foot encroachment into the 25 foot front yard setback for a portion of the proposed entry extension. WHEREAS, the property is located at 1707 Glasgow Avenue and legally described as follows: Lot 4, Block 106, CARDIFF VISTA, City of Encinitas, County of San Diego, State of California, according to Map thereof No. 1547, filed in the Office of the County Recorder of San Diego County, March 18, 1913. WHEREAS, public hearings were conducted on the application on October 22 and November 26, 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 20, 1990 and alternative design options dated received on November 15, 1990; b. Written information submitted with the application; CO/03/CRO9-688WP5 (11/29/90-2) - c. Oral testimony from staff, applicant, and public made a part of the record at said public hearings; d. Community Advisory Board staff reports dated October 17 and November 21, 1990, which are 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 90-232V is hereby APPROVED, and the subject garage structure may encroach up to 13 feet 10 inches and the entry up to 4 feet into the 25-foot front 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 20, 1990 and approved by the Board. I (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. The existing palm tree and bird of paradise located in the southeast corner of the property are exempt from this provision. Front yard landscaping shall substantially conform to the elevation plan dated received by the City on November 15, 1990. (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. CO/03/CRO9-688WP5 (11/29/90-2) (5) City Enaineer: Applicant shall contact the Public Works Department regarding compliance with the following conditions: Gradina Conditions (a) The developed 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 Encinitas Municipal Code. Grading shall be preformed 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 Cit Engineer, and verify compliance with Chapter 23.24 of the Encinitas Municipal Code. (c) A soils/geological/hydraulic 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. Drainage Conditions (d) 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. (e) Concentrated flows across driveways and/or sidewalks shall not be permitted. street Conditions (f) An Irrevocable Offer of Dedication (I.O.D.) shall be made for 10 feet along Glasgow Drive adjacent to the property for public right-of-way purposes unless waived pursuant to City Council Policy of March 14, 1990. (g) Prior to any work being performed in the public right-of-way, a right-of-way construction permit shall be obtained from the Public Works office and appropriate fees paid, in addition to any other permits required. CO/03/CRO9-688WP5 (11/29/90-2) (h) 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. utilities (i) The developer shall comply with all the rules, regulations and design requirements of the respective utility agencies regarding services to the project. (j) The developer shall be responsible for coordination with S.D.G. & E., Pacific Telephone, and Cable TV authorities. (k) All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. (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. (S) An automated sectional or a roll up garage door is required. The garage shall, at all times, be kept free and clear and shall only be used for the parking of operational vehicles owned by the property owner. Use of the garage as a storage area which precludes the parking of vehicles is prohibited. (9) Owner unconditionally waives any claims of liability against the City and agrees to indemnify and hold harmless the City and city's employees relative to the approval referred to herein. (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. CO/03/CRO9-688WP5 (11/29/90-2) (11) 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. (12) 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. (13) This approval may be appealed to the Planning Commission within 15 calendar days from the date of this approval. (14) Permits or 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. PASSED AND ADOPTED this 26th day of November, 1990, by the following vote, to wit: AYES: MacManus, Tom, Grossman NAYS: Cruz ABSENT: None ABSTAIN: McCabe A~~.Jt craig R. Olson Assistant Planner CO/03/CRO9-688WP5 (11/29/90-2) ---------- ATTACHMENT "A" RESOLUTION NO. C90-41 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-S classification since the existing structures on the lot, the lot's topography, and surrounding conditions justify the variance request and that the strict application of the front yard setback requirement would deprive the applicant of the privilege of covered (Le., garage) parking enjoyed by other nearby property owners. 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 dwelling unit by the addition of a second level floor complies with current development standards for the R-S District. 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 activity. Single family residential use is permitted in the R-S 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: CO/03/CRO9-68SWP5 (11/29/90-2) 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 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 property with the existing structure and landscaping, and the proximity of the neighbor's bedroom area near the south property line make a rear yard garage a less desireable design alternative than the design requiring the requested variance. In addition, evidence has not been submitted to verify that the conversion of garage space to living space was not a permitted activity at the time of conversion. Therefore, the variance request is not found to be self-induced. No evidence has been submitted to indicate the variance would legalize any public or private nuisance. CO/03/CRO9-688WP5 (11/29/90-2)