1991-24
RESOLUTION NO. C-91-24
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMMUNITY ADVISORY BOARD,
CITY OF ENCINITAS, DENYING
A DESIGN REVIEW PERMIT REQUEST TO
EXCEED THE 26 FOOT STANDARD HEIGHT ENVELOPE
FOR A TWO STORY SINGLE FAMILY RESIDENCE
PROPOSED TO BE LOCATED AT 2043 MONTGOMERY AVENUE
(CASE NUMBER 91-157DR)
WHEREAS, a request for consideration of a Design Review Permit
was filed by Greg Jordan to allow a 3 foot 6 inch extension beyond
the 26 foot standard height envelope when measured from the lower
of natural or finished grade adjacent to the structure per Chapter
30.16.010B 7b of the City of Encinitas Municipal (Zoning) Code, for
the property located at 2043 Montgomery Avenue, legally described
as;
Lots 37 and 38, Block 37, CARDIFF A, in the city of Encinitas,
County of San Diego, State of California according to Map
thereof No. 1334 filed in the office of the County Recorder of
San Diego County May 12, 1911.
WHEREAS, a public hearing was conducted on the application on
September 23, 1991; and
WHEREAS,
the
Cardiff-by-the-Sea
Community
Advisory
Board
considered, without limitation:
1.
The staff report dated September 18, 1991;
2.
The General Plan, zoning Code and associated Land Use
Maps;
3.
Oral evidence submitted at the hearing by staff, by the
applicant and by the public;
4.
written evidence and plans submitted with the application
and dated received by the city on September 4, 1991 and
visual evidence provided by the erection of story poles
on the subject property; and
WHEREAS, the Cardiff-by-the-Sea Community Advisory Board made
the following findings of denial pursuant to Chapter 30.16.010B 7b
of the Encinitas Municipal (zoning) Code:
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
property
owners
to
the
east,
northeast
and
southeast of the proposed structure would be significantly
impacted by view loss due to the location of the subject
property and the location of the portion of the proposed
structure extending beyond the 26 foot standard height.
The
proposed structure is indicated on the submitted plans to only
exceed the standard height by 3 feet 6 inches.
However, the
plans do not show the standard height line following the
contour of the lower of natural or finished grade immediately
adjacent
to
the
structure
as
prescribed
by
Code
(Sec.
30.16.010B 7 and the Zoning definition for "Building Height")
and, therefore, do not accurately depict the extent of the
structure actually beyond the 26 foot standard height.
2)
The structure shall be compatible in bulk and mass with
buildings on neighboring properties.
Evidence:
The Board finds that while some structures in the
immediate neighborhood were built or remodeled under County
standards which permitted larger structures than proposed by
the
applicant,
the
potential
for
many
existing
small
structures
to
remodel
or
be
rebuilt
in
compliance
with
existing city standards will tend to reduce the "bulk and
mass" appearance of the neighborhood.
Therefore, the bulk and
mass of the proposed structure is excessive when compared with
the existing small homes in the neighborhood and with the
future bulk and mass of the area when other structures remodel
or are rebuilt in accordance with current design standards.
NOW THEREFORE, BE IT RESOLVED that Design Review application
91-157DR is hereby denied in accordance with section 30.16.010B of
the Municipal (Zoning) Code.
PASSED AND ADOPTED this 23rd day of September, 1991, by the
following vote, to wit:
AYES:
Tom, Hall, Cruz, Anderson
NAYS:
None
ABSENT:
None
ABSTAIN:
Grossman
Cß
- ~
r-- .
\~
Calvin F. Tom, Chairman of the
cardiff-by-the-Sea
Community Advisory Board
ATTEST:
c~~~~ e. vO~
Craig R. Olson
Assistant Planner