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1991-23 RESOLUTION NO. C-91-23 A RESOLUTION OF THE CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD CITY OF ENCINITAS, APPROVING A DESIGN REVIEW PERMIT TO ALLOW AN 8 FOOT EXTENSION BEYOND THE 16 FOOT STANDARD HEIGHT ENVELOPE FOR A SECOND STORY ADDITION TO A SINGLE FAMILY RESIDENCE LOCATED AT 1269 BLUE SKY DRIVE (CASE NUMBER 91-145DR) WHEREAS, a request for consideration of a Design Review Permit was filed by Anthea Beletsis and Gary Danielsen to allow an approximate 8 foot extension beyond the 16 foot standard height envelope (when measured from the rear yard property line) per Chapter 30.16.010B 7b of the city of Encinitas Municipal (Zoning) Code, for the property located at 1269 Blue Sky Drive, legally described as; Lot 4 in BERRY MAN VILLAGE, in the City of Encinitas, County of San Diego, State of California according to Map thereof No. 2926, filed in the office of the County Recorder of San Diego County November 6, 1952. WHEREAS, public hearings were conducted on the application on August 26 and September 23, 1991; and WHEREAS, the Cardiff-by-the-Sea Community Advisory Board considered, without limitation: 1. The staff reports dated August 21 and September 18, 1991; 2. The General Plan, Zoning Code and associated Land Use Maps; 3. Oral evidence submitted at the hearings by staff, by the applicant and by the public; 4. written evidence, plans dated received by the city on August 5, 1991, and photographs submitted with the CO,BELESR23(9-18-91) application and additional information submitted at the WHEREAS, the Cardiff-by-the-Sea community Advisory Board made public hearings; and the following findings pursuant to Chapter 30.16.010B 7b of the Encinitas Municipal (zoning) Code: NOW, THEREFORE, (SEE ATTACHMENT "A") BE IT RESOLVED by the Cardiff-by-the-Sea Community Advisory Board of the City of Encinitas that application 91-145DR is hereby approved subject to the following conditions: (1) (2) (3) (4) (5) (6) The project as submitted is approved and shall not be altered without City approval or as conditioned herein. This approval may be appealed to the Planning Commission within 15 calendar days from the date of this approval in accordance with Chapter 1.12 of the Municipal Code. Prior to issuance of a building permit, applicant shall submit a statement from the Fire Prevention District to the Community Development Department indicating that all impact, plan check, and/or cost recovery fees have been paid. Address numbers shall be clearly visible from the street fronting the structure. The height of numbers shall conform to Fire District standards. This Design Review approval shall be valid for two years from the effective date of the permit; during which time construction of the approved structure shall be pursued in conformance with the Uniform Building Code to the satisfaction of the Director of Planning and Community Development. Prior to issuing a final inspection on framing, the applicant shall provide a written certification from a licensed surveyor or a registered civil engineer verifying the building height is in compliance with the Design Review Permit. Permits or findings of exemption shall be obtained from the State Coastal Commission and any other applicable Government agencies. CO,BELESR24(9-18-91) BE IT FURTHER RESOLVED by the Cardiff-by-the-Sea community Advisory Board of the City of Encinitas that: This project is found to be exempt from Environmental Review per Section 15301(e) (1) of CEQA. PASSED AND ADOPTED this 23rd day of September, 1991, by the following vote, to wit: AYES: Cruz, Grossman, Tom, Anderson NAYS: Hall ABSENT: None ABSTAIN: None c~ ç-.~\ ~ Calvin F. Tom, Chairman of the Cardiff-by-the-Sea Community Advisory Board ATë:tb ~.oO~ Craig R. Olson Assistant Planner NOTE: CAB approval upheld on appeal by Planning Commission on Oct. 16, 1991 and City Council on Dec. 11, 1991. CO,BELESR25(9-18-91) ATTACHMENT "A" RESOLUTION NO. C-91-23 Findings for Design Review per Chapter 30.16.010B 7b of the Encinitas Municipal (zoning) Code (Case No. 91-145DR) 1) The portion of the building outside of the standard envelope shall maintain some of the significant views enjoyed by residents of nearby properties. Evidence: The Cardiff-by-the-Sea Community Advisory Board finds that the Design Review Permit is warranted since the slope of the lot is all within the front yard area and the buildable portion of the lot is flat to the rear lot line. If a straight line were drawn from a point 16 feet above the rear lot line and extended over the buildable area of the lot, it would be impossible to construct a second story since eight feet is required from floor to ceiling for each story and, at least one foot is required between floors, and approximately 7 to 9 feet is required for the pitched roof. The subject addition is approximately 24 feet in height when measured from the grade (existing and proposed) immediately adjacent to the building. The standard height allows 26 feet when measured from adjacent grade. Therefore, the Cardiff Board finds that the proposed addition would not have a significant view impact on adjoining property since other property owners in the neighborhood and on the same side of the street as the subject structure have constructed or may construct second story structures in accordance with current zoning Code Development Standards to the standard height envelope of 22 feet (flat roof) or 26 feet (pitched roof) since their properties are not subject to the 10% slope standard. 2) The structure shall be compatible in bulk and mass with buildings on neighboring properties. Evidence: The Board finds that the second story addition would be precluded by the strict application of the standard height envelope due to the unusual configuration of the slope on the lot being within the front yard area. Since other property owners in the neighborhood and on the same side of the street as the subject structure may build a second story addition without having to comply with the 10% slope standard, to impose the standard on the appl icant would be an undue hardship. If the slope was continuous along the entire lot, the proposed addition could satisfy, or require less deviation to, the 16 foot standard. Therefore, the Cardiff Board finds that the extension beyond the 16 foot standard (to 24 feet) would not be greater in bulk and mass with buildings on neighboring properties since neighboring property owners have constructed and are permitted to construct second story structures to the 26 foot (pitched roof) standard height envelope pursuant to current Code standards without being subject to the 10% slope constraint. CO,BELESR26(9-18-91)