1991-15
RESOLUTION NO. C-91-15
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMMUNITY ADVISORY BOARD APPROVING A VARIANCE FROM
SECTIONS 30.16.010 A 8,9, AND 14 AND SECTION 30.16.010E6
OF THE ZONING ORDINANCE FOR PROPERTY LOCATED AT
2315 EDINBURG AVENUE
(CASE NO: 91-046V)
WHEREAS, David and cynthia Reagan applied for a Variance in
accordance with Chapter 30.78 of the Zoning Ordinance to allow the
following encroachments into the interior and street side yard
setbacks and exceed the Floor Area Ratio Standard specified by the
Residential 11 zoning District:
(1)
Exceed the allowed projection standard of 3 feet into the
street side yard setback to encroach 2 feet (i.e.: 5 feet
from the street property line) for a second level deck
and a roof deck;
(2)
Encroach into the street side yard setback of 10 feet a
maximum of 5 feet for a proposed two story addition;
(3)
Encroach into the 5 foot interior side yard setback a
maximum distance of 1 foot 6 inches; and
(4)
Exceed the .5 Floor Area Ratio (FAR) Standard to .6 for
habitable square footage.
WHEREAS, the property is located at 2315 Edinburg Avenue and
legally described as follows:
All of Block "B" in 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.
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WHEREAS, a public hearing was conducted on the application on
April 22, 1991 by the Cardiff-by-the-Sea Community Advisory Board,
at which time all persons desiring to be heard were heard; and,
evidence was submitted and considered to include
WHEREAS,
without limitation:
a.
b.
c.
d.
e.
site plan, floor plans and elevations consisting of 4
sheets submitted by the applicant and dated received by
the City on March 4, 1991;
written information submitted with the application;
Oral testimony from staff, applicant, and public made a
part of the record at said public hearing;
Community Advisory Board agenda report dated April 17,
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
91-046 is hereby APPROVED, and the subject structure may exceed
conditions:
development standards as specified above; subject to the following
(1)
Plans submitted for building plan check shall conform to
the Variance request. The building height shall be
limited to Zoning Code requirements. In addition, the
livable floor area shall not exceed a Floor Area Ratio
(FAR) of .6 for the subject lot (i.e.: 2370 sq. ft. of
livable floor area).
(2)
Developer shall provide a certified height survey by a
licensed civil Engineer or surveyor verifying that the
building height conforms to approved plan heights prior
to the issuance of framing inspection approval.
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(3)
(4)
(5)
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 remodel, 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.
city Enqineer: Applicant shall contact the City
Engineering Department regarding compliance with the
following conditions (5A-E):
A.
Concentrated flows across driveways
sidewalks shall not be permitted.
and/or
B.
The developer shall obtain a grading permit, if
applicable, prior to the commencement of any
clearing or grading of the site.
C.
The grading for this project is defined in Chapter
23.24 of the Encinitas Municipal Code. Grading
shall be performed under the observation of a civil
engineer whose responsibility it shall be to
coordinate site inspection and testing to ensure
compliance of the work with the approved grading
plan, submit required reports to the City Engineer
and verify compliance with Chapter 23.24 of the
Encinitas Municipal Code.
D.
An Irrevocable Offer of Dedication (I.O.D.) shall
be made for 8 feet along Edinburg adjacent to the
property for public right-of-way purposes. An
Irrevocable Offer of Dedication (I.O.D.) shall be
made for 8 feet along Norfolk adjacent to the
property for public right-of-way purposes. Said
dedications may be waived by the City Engineer
should the subject streets qualify as Special Case
Local (parking on one side) designation when the
street classification process is completed.
E.
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.
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(6)
(7)
(8)
(9)
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.
Nothing shall be placed on, or attached to the second
story or roof deck that would extend beyond the 26 foot
standard height envelope or the highest point of the
building's roof ridgeline. Enclosure of the roof deck
with any material (i.e., plexiglass) is strictly
prohibited.
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.
(10) The project is for a single family residential use only.
Any conversion of the existing structure or proposed
remodel to a second dwelling unit is strictly prohibited.
(11) Fire Department: Prior to permit issuance, the applicant
shall submit proof that the Fire District recovery fees
have been paid. Address numbers shall be clearly visible
from the street fronting the structure.
(12) 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.
(13) Permits or findings of exemption shall be obtained from
the state Coastal Commission and any other applicable
Government agencies.
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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 22nd day of April
1991,
by the
following vote, to wit:
AYES: Anderson, Hall, Tom, Grossman
NAYS: Cruz
ABSENT: None
ABSTAIN: None
/i .-- - .- ~------
( r 1 ,- --
Calvin F. Tom, Chairman
of the Cardiff-by-the-Sea
Community Advisory Board
ATTEST: *'~
/1 -).'
L,\¡::'~-tt..;::, e ' C..~---,--
Craig R. Olson
Assistant Planner
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A.
B.
ATTACHMENT "A"
RESOLUTION NO. C-91-15
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
.5 FAR standard is due to the unique triangular shape of the
lot. If the lot had an additional 219 sq. ft. the project
would be permitted 2370 sq. ft. The applicant is proposing
2379 sq. ft. Due to the unique shape of the lot, the Board
finds that a .6 FAR shall be applied so as not to deprive the
owner of privileges enjoyed by other property owners in the
vicinity. Therefore, the project is conditioned to permit no
more than 2370 sq. ft. of livable floor area. Due to the
lot's unique triangular shape, the Board finds that the other
aspects of the variance request are warranted.
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 since a condition
has been included in the resolution to limit livable floor
area to a .6 FAR as would be imposed upon surrounding property
owners in the vicinity if they proposed to build (or remodel
an existing) single family residence.
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 proposed use on the
property is single family residential and will not change the
use or current activity. Single family residential use is
permitted in the R-11 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
private or public nuisance.
the
maintenance
of
any
Evidence: The Board finds that an alternate development plan
is not viable due to the constrained lot shape. The project
design tends to continue the existing building's exterior wall
at the existing setback from the street property line and
generally along the easterly side yard line. The Board finds
that the degree of variance requested is minor in relation to
the lot's constraints 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 unique
lot shape was not due to actions of the applicant or
immediately preceding owners. The degree of variance will not
constitute a rezoning or amendment to the zoning code since
single family residences are permitted in the R-11 District
and the unique lot shape is uncommon in the neighborhood and
the R-11 District. No evidence has been received to indicate
that the project constitutes a public or private nuisance.
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