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.
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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.
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(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.
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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
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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.
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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.
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