1990-41
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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)
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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.
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(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.
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(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.
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(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)
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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:
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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.
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