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1991-04 RESOLUTION NO. C-91-04 A RESOLUTION OF THE CARDIFF-BY-THE-SEA COHKUNITY ADVISORY BOARD APPROVING A VARIANCE SECTION 30.16.010 A 10 OF THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1393 WINDSOR ROAD (CASE NO: 91-003V) FROM WHEREAS, the Elks Lodge and sid Bohn applied for a Variance in accordance with Chapter 30.78 of the zoning Ordinance to allow the following encroachment into the rear yard setback specified by the Residential 8 Zoning District: Encroach 2 feet 4 inches into the 25 foot rear yard setback for a 122 square foot addition to the existing Elks Lodge. WHEREAS, the property is located at 1393 Windsor Road and legally described as follows: A portion of the Northwest 1/4 of section 23, Township 13 South, range 4 West as recorded on Map 2926 of the Berryman Village Subdivision and further described in Record of Survey 1426. WHEREAS, a public hearing was conducted on the application on February 25 , 1991 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 and floor plans submitted by the applicant and dated received by the City on January 2, 1991; Written information submitted with the application; b. CO/03/CR09-718wp5 (3/1/91-2) Page 1 of 7 c. d. e. Oral testimony from staff, applicant, and public made a part of the record at said public hearing; Community Advisory Board agenda report dated February 20, 1991; which is incorporated by this reference as though fully set forth herein; and 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 90-003V is hereby APPROVED, and the subject structure may encroach into the rear yard setback standard as specified above; subject to the following conditions: (1) (2) (3) (4) Plans submitted for building plan check shall conform to the Variance request. The building height shall be limited to Zoning Code requirements. Prior to final Building Permit approval, the property owner shall have recorded a Covenant agreeing to maintain landscape height at, or below the approved building heights. Prior to foundation and/or pad preparation for the proposed addition, 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. 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 Community Development Director, the Director may declare the variance to have expired with the privileges granted thereby cancelled. CO/03/CR09-718wp5 (3/1/91-2) Page 2 of 7 (5) (6) (7) (8) (9) Prior to Building Permit issuance, applicant shall prepare and have recorded a certificate of Compliance to merge the two lots into a single lot of record to the satisfaction of the Director of Community Development. Prior to Building Permit issuance, the applicant shall install adequate facilities to limit access to the vacant lot east of the subject parcel(s) to the satisfaction of the Director of Community Development. 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. 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. Prior to final occupancy, the applicant shall install plantings to the satisfaction of the Director of Community Development to screen the structure from view to properties to the east. Said plantings shall be placed along the east side of the newly extended wall. (10) 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. (11) Permits or findings of exemption shall be obtained from the state Coastal Commission and any other applicable Government agencies. (12) Prior to final occupancy, the applicant shall install view-obstructing gates on the existing trash enclosure to the satisfaction of the Director of Community Development. 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(e) of CEQA. CO/03/CR09-718wp5 (3/1/91-2) Page 3 of 7 PASSED AND ADOPTED this 25th day of February 1991, by the following vote, to wit: AYES: MacManus, Grossman, Tom, McCabe, Cruz NAYS: None ABSENT: None ABSTAIN: None C-2- ~-- ~"4'- Carol MacManus, Chairperson of the Cardiff-by-the-Sea Community Advisory Board A~R. . ~ Craig R. Olson Assistant Planner CO/03/CR09-718wp5 (3/1/91-2) Page 4 of 7 A. ATTACHMENT "A" RESOLUTION NO. C-91-04 FINDINGS PURSUANT TO SECTION 30.78.030 (VARIANCE) OF THE CITY OF ENCINITAS ZONING ORDINANCE 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 vicini ty and under identical classification. Evidence: The Cardiff Community Advisory Board finds that a portion of the existing structure's rear building line already extends to the rear yard setback requested for the proposed addition. Due to the interior layout of the kitchen area, no other area of expansion is available to increase the needed square footage for the kitchen addition. In addition, the configuration of surrounding property is such that an encroachment into the rear yard setback would not adversely affect any future development on surrounding property. 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 variance will not grant a special privilege since the adjustment does not authorize or constitute any grant of special privilege due to the fact that the Elks Lodge is an existing structure which was legally permitted at the time it was constructed to extend to within 22 feet 8 inches of the rear property line. 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 use of the Elks Lodge has existing at this location in excess of 40 years and is, therefore, a legal use within the R-8 Zoning District. CO/03/CR09-718wp5 (3/1/91-2) Page 5 of 7 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 private or public nuisance. of any Evidence: The Board finds that an alternate development plan is not viable due to the fact that no other area of expansion of the existing structure could facilitate an increase to the kitchen area. The Board finds that the degree of variance requested is minor in relation to the lot's constraints due to the existing structure and that an alternate design not requiring variance would not pose less of a significant impact to the site and adjacent properties than the project requiring a variance. The variance is not self-induced since the fact that the existing structure was constructed with a 22 foot 8 inch rear yard setback. The degree of variance will not constitute a rezoning or amendment to the Zoning Code since the use has existing at the subject location in excess of 40 years. No evidence has been received to indicate that the project constitutes a public or private nuisance. CO/03/CR09-718wp5 (3/1/91-2) Page 6 of 7