1990-42
RESOLUTION NO. C-90-42
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMMUNITY ADVISORY BOARD DENYING A VARIANCE FROM
SECTION 30.16.010A 10 AND SECTIONS
30.16.010B 7D AND 30.16.010E 6; AND SECTION 30.16.010A 11
OF THE ZONING ORDINANCE FOR PROPERTY LOCATED AT
2413 SAN ELIJO AVENUE
(CASE NO: 90-181V/MOD)
WHEREAS, Barry Marassi and Resor Architects applied for a
Variance modification in accordance with Chapter 30.78 of the
Zoning Ordinance to allow the following:
(1) A 7 ft. 8 in. encroachment (was 5 ft. 8 in.) into the 20
foot rear yard setback for a garage (Section 30.16.010A
10).
(2) Permit chimney in side yard to exceed 6 foot vertical
height limitation and exceed 30 inch maximum width
(Section 30.16.010B7D and 30.16.010E6).
(3) Exceed 40% lot coverage limitation by 72 square feet
(Section 30.16.010A11).
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
December 10, 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 November 7,
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 December 5,
1990, which is incorporated by this reference as though
fully set forth herein; and
e. Additional written documentation.
NOW, THEREFORE BE IT RESOLVED the Cardiff-by-the-Sea Community
Advisory Board of the City of Encinitas made the following findings
for project denial:
Variance findinas pursuant to section 30.78.030 of the citv
of Encinitas Zoning Ordinance.
A. A Variance from the terms of the Zoning Ordinances
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
zoning classification.
Evidence: The Cardiff Community Advisory Board
finds that the variance modification to permit an
additional 2 foot extension toward the year yard
property line is found to be a special privilege for
this property not enjoyed by other property in the
vicinity since the amount of square footage of the
garage within the rear yard setback is proposed to
be increased from 44 sq. ft. (approved by the
original variance) to 64 sq. ft. by the modification
and the increase will exceed the lot coverage
standard which other property owners must comply
with for similar development proposals.
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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 6 ft. 6 in. wide
chimney cap on the northerly chimney is a grant of
special privilege due to the property's location at
the extreme west end of the residential development
in "Old" Cardiff. Properties to the east will have
ocean view affected by the chimney cap since it runs
parallel (north/south) to the ocean. In addition,
the vertical extension above the permitted six feet
for the chimney projecting 2 ft. into the southerly
side yard setback poses a view impact to property
to the east. No conditions of approval could assure
that the variance would not constitute a grant of
special privilege since the modification proposes
to exceed the lot coverage standard and enlarge the
nonconforming aspects of the existing garage.
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: Single family residences are permitted
in the R-11 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:
1. Could be avoided by an alternate development
plan; which would be of less significant impact
to the site and adjacent properties than 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
consti tute a rezoning or other amendment to the
Zoning Code; or
4. Would authorize or legalize the maintenance of
any private or public nuisance.
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Evidence: The board finds that the degree of
variation which proposes to exceed lot coverage
provisions and to extend beyond side yard vertical
height standards, chimney width standards, and the
increased square footage encroachment into the rear
yard setback, can easily be avoided by adhering to
the previously approved variance plan (see
Resolution C-90-31) to which this application seeks
modification. The applicant has already
demonstrated that the previously approved plan has
less significant impact to the site and adjacent
properties than the plan requiring the var iance
modification and that the previously approved plan
is a feasible alternate to the plan requiring the
variance modification.
THEREFORE, BE IT RESOLVED by the Cardiff-by-the-Sea Community
Advisory Board that Variance Modification Application No. 90-
181VjMOD is hereby denied.
PASSED AND ADOPTED this 10th day of December, 1990 by the
following vote, to wit:
AYES: McCabe, Grossman, Tom
NAYS: None
ABSENT: MacManus, Cruz
ABSTAIN: None ~
ATTEST:
~~
Cral.g R. Olson
Assistant Planner
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