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1991-10 RESOLUTION NO. C-91-10 A RESOLUTION OF THE CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD APPROVING A VARIANCE REQUEST TO ENCROACH TWO (2) FEET INTO THE 20 FOOT FRONT YARD SETBACK IN ADDITION TO THE 4 FOOT ALLOWED PROJECTION FOR A PROPOSED DECK LOCATED AT 2381 AND 2383 OXFORD AVENUE (CASE NO.: 91-031V) WHEREAS, David Lendinsky applied to the Cardiff community Advisory Board for consideration of a variance to section 30.16.010 E6 of the Municipal Code to permit a proposed deck to encroach two (2) feet beyond the permitted four (4) foot projection into the 20 foot front yard setback per Chapter 30.78 (Variances) of the Municipal Code of the City of Encinitas; WHEREAS, the property is located at 2381/2383 Oxford Avenue and legally described as: Lots 27 and 28 Block 13, Cardiff, in the City of Encinitas, County of San Diego, State of California, according to map thereof No. 1298, filed in the office of the County Recorder of San Diego County, November 14, 1910. WHEREAS, a public hearing was conducted on the variance application on March 25, 1991; and WHEREAS, the Community Advisory Board considered without limitation; 1. The staff report dated March 20, 1991; 2. The adopted General Plan, Zoning Code and associated Land Use Maps; 3. Oral evidence submitted at the hearing; 4. written evidence submitted at the hearing; 5. Development plans consisting of one page showing the site plan, the deck in elevation and the framing plan, submitted by the applicant and dated received by the City on February 19, 1991; and CO/04/CRO9-730WP5 (3/29/91-8) Page 1 of 5 WHEREAS, the Cardiff-by-the-Sea Community Advisory Board made the findings of application approval of the variance request pursuant to section 30.78.030 of the City of Encinitas Zoning Ordinance as follows: BE IT FURTHER RESOLVED THAT the (SEE ATTACHMENT" A" ) application for Variance 91-031V is hereby APPROVED, and the subject deck may encroach into the 20 foot front yard setback is described above subject to the following conditions: (1) (2) (3) 4. Buildinq Department: Plans shall be submitted to the Building Department for plan check approval. A permit is required for decks in excess of 30 inches above grade. A complete plan check will be done when plans are submitted to the Building Department. Fire Department: Prior to building permit issuance, applicant shall submit a statement from the Fire District to the Community Development Department indicating that all development impact, plan check and/or cost recovery fees have been paid. Address numbers shall be clearly visible from the street fronting the structure. City Enqineer: Applicant shall contact the Public Works Department regarding compliance with the following conditions: Street Conditions: (A) An Irrevocable Offer of Dedication (I.O.D.) shall be made for 10 feet along Oxford Avenue adjacent to the property for public right-of-way purposes unless found to be exempt per City Council policy of March 14, 1990. (B) 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. 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/04/CRO9-730WP5 (3/29/91-8) Page 2 of 5 5. 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. 6. The approved deck areas may not be enclosed, increased in height, or otherwise modif ied beyond the approved plans and limitations of this variance without prior approval by the city. 7. Permits or findings of exemption shall be obtained from the state Coastal Commission and any other applicable Government Agencies. 8. 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. 9. A proponent of protestant of record may appeal a final decision of the hearing body by filing the appeal within fifteen (15) calendar days of the hearing body's decision pursuant to Chapter 1. 12 of the Encini tas Municipal Code. 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) (1) of CEQA. PASSED AND ADOPTED this 25th day of March, by the 1991 following vote, to wit: AYES: NAYES: ABSENT: ABSTAIN: Anderson, Grossman, Hall, Tom Cruz None None /") (1 r--- ~~- (---" ~ '-----.., r-. \~- Calvin Tom, Chairman of the Cardiff-by-the-Sea Community Advisory Board ATTEST: 0 n (~~~ .~ Craig R. Olson, Assistant Planner CO/04/CRO9-730WP5 (3/29/91-8) Page 3 of 5 A. ATTACHMENT "A" RESOLUTION NO. C-91-10 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 vicinity and under identical classification. Evidence: The Cardiff Community Advisory Board finds that the application of the 4 foot projection into the 20 foot front yard setback for decks is inadequate to provide sufficient clear space between existing chimney structures and the end of the deck. without variance, the property owner would be deprived of sufficient outdoor recreational area as enjoyed by other property owners in the vicinity. 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 existing structure on the lot was legally permitted at the time of construction and the owner only seeks to provide usable outdoor recreational area which would otherwise be precluded due to the existing chimney structures. In addition, the residential use conforms to permitted uses within the R-11 Zone. 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 residential use of the property conforms to the allowed uses within the R-11 Zone. 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; CO/04/CRO9-730WP5 (3/29/91-8) Page 4 of 5 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 private or public nuisance. the maintenance of any Evidence: The Board finds that an alternate development plan is not viable due to the fact that no other area of expansion exists for the deck that would not otherwise cause insufficient clear space between the chimneys and the end of the deck. The requested variance is not seen to be self- induced since the chimney areas exist and strict adherence to the zoning standard would not provide adequate clear space and usable deck area. The deck is not seen to constitute a rezoning of the residentially zoned property; nor is there any evidence that the deck is a public or private nuisance. CO/04/CRO9-730WP5 (3/29/91-8) Page 5 of 5