Loading...
1991-03 RESOLUTION NO. C-91-03 A RESOLUTION OF THE CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD DENYING A RECONSIDERATION OF A VARIANCE REQUEST TO ENCROACH TEN (10) FEET INTO THE 25 FOOT FRONT YARD SETBACK FOR A PROPOSED SINGLE FAMILY RESIDENCE LOCATED AT 400 BRIGHTON AVENUE (AKA: ROSSINI DRIVE) (CASE NO.: 90-218 V) WHEREAS, Marvin Hoiseth and Kenneth wiant applied to the Cardiff Community Advisory Board for reconsideration of a Variance as referred to the board by the Planning Commission per Chapter 30.78 (Variance) of the Municipal Code of the City of Encinitas; and, WHEREAS, the property is located at 400 Brighton Avenue (Rossini Drive) and legally described as: Lot 2 of CITY OF ENCINITAS PARCEL MAP NO. 16035 in the City of Encinitas, County of San Diego, State of California, filed with the County Recorder of San Dieqo County on March 28,1990 as number 90-16577 of official records. WHEREAS, a public hearing was conducted on the reconsideration of the variance on January 28, 1991; and WHEREAS, the Planning Commission had directed the applicant to return to the Community Advisory Board to present additional information concerning the variance request; and WHEREAS, the Community Advisory Board considered without limitation; 1. The staff report dated January 23, 1991; The adopted General Plan, Zoning Code and associated Land Use Maps; 2. 3. Oral evidence submitted at the hearing; Written evidence submitted at the hearing; 4. 5. Proposed development plans submitted by the applicant and dated received by the City on Auqust 31, 1990 and a revised CO/05/CRO8-715WP5 (1-30-91-1) Page 1 of 3 3. 4. site plan dated received October 1, 1990 and site plans indicating buildable areas with and without the variance dated received November 6, 1990; and a neighborhood site plan indicating existing setbacks on adjacent properties dated received November 7, 1990. WHEREAS, the Community Advisory Board made the findings of application denial of the Variance request pursuant to Section 30.78.030 of the City of Encinitas Zoning Ordinance as follows: VARIANCE (CHAPTER 30.78): 1. 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 the privileges enjoyed by other property in the vicini ty and under identical zoning classification. 2. Evidence: The Board finds that the application of the 25 foot front yard setback specified by the R-8 Zoning District provides ample building area for a future residential structure. In addition, a building designed to conform to development standards would not deprive the property owner of any privilege enjoyed by other property in the vicinity. 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 no conditions of approval could mitigate the impact of granting the Variance to permit a ten (10) foot encroachment into the 25 foot front yard setback for the proposed single family residence. If approved, the encroachment could pose a significant view impact to other property within the vicinity. 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 requlation governing the parcel of property. Evidence: Single family residences are permitted within the R-8 Zoning District. 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/05/CRO8-715WP5 (1-30-91-1) Page 2 of 3 a. 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. b. If self-induced as a result of an action taken by the property owner or the owner's predecessor; Would allow such a degree of variation as to constitute a rezoning or other amendment to the Zoning Code; or c. d. Would authorize or legalize the maintenance of any private or public nuisance. Evidence: The Board finds that the necessity for the variance is self-induced since the map creating the subject lot was designed and approved with development restrictions in mind and found to be of sufficient size (ΕΎ 2264 square feet of buildable area) to support an appropriately designed single family residence without variance approvals. Therefore, be it resolved by the Cardiff-by-the-Sea Community Advisory Board that reconsideration of Variance Application No. 90- 218 V is hereby denied. PASSED AND ADOPTED this 28th day of January, 1991 by the following vote, to wit: AYES: Cruz, MacManus, Tom NAYS: None ABSENT: None ABSTAIN: McCabe, Grossman A c;;. '<=> e . crP ~ Craig Olson, Assistant Planner CO/05/CRO8-715WP5 (1-30-91-1) Page 3 of 3