1991-29
RESOLUTION NO. C-91-29
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMMUNITY ADVISORY BOARD
CITY OF ENCINITAS DENYING
A DESIGN REVIEW PERMIT AND VARIANCE
REQUESTS FOR A PROPOSED DUPLEX
LOCATED AT 2120 MONTGOMERY AVENUE
(CASE NUMBER 91-197DR/V)
WHEREAS, a request for consideration of a Design Review Permit
and Variance Requests were filed by Paul Basten to permit a duplex
development to extend beyond the 26 foot standard height to 28 feet
6 inches and to permit stairways in the side yard setback to extend
beyond the 6 foot vertical height to 8 feet 6 inches, to exceed the
40% Lot Coverage standard to 43%, and to encroach into the 20 foot
rear yard setback by 3 feet, for the property located at 2120
Montgomery Avenue, legally described as;
Lots 5 and 6 in Bloçk 59 of 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 on May 12th, 1911.
WHEREAS, public hearings were conducted on the application on
November 25 and December 16, 1991; and
WHEREAS, the Cardiff-by-the-Sea
considered, without limitation:
Community
Advisory
Board
1.
The staff reports dated November 20 and December 11,
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 and plans submitted with the application
and dated received by the city on November 1, 1991 and
written evidence received at the public hearings; and
WHEREAS, the Cardiff-by-the-Sea Community Advisory Board made
the following findings for project denial pursuant to Sections
30.16. 010B 7b (Height Standard), Chapter 23.08.072 (Design Review) ,
and Section 30.78.030 (Variance) of the Encinitas Municipal
(Zoning) Code:
Findings: Zoning Code Section 30.16.010B 7b specifies that the
two following findings be made in order to extend above the
standard height envelope:
1)
The portion of the building outside of the standard
height 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 views enj oyed by
residents of nearby by properties will be
significantly impacted by the reduction of "blue
water II ocean views by the portion of the structure
proposed to extend beyond the 26 foot standard
height. The significant view loss is due to the
configuration of the roof ridgeline running from
north to south which tends to impact views
generally to the east. The Board finds that the
significant view loss can be avoided by a project
designed to conform with adopted height standards.
2)
The structure shall be compatible in bulk and mass
with buildings on neighboring properties;
EVIDENCE: The Cardiff Board finds that the
application requests variance to the 40% Lot
Coverage standard to 43% and the project proposes
to extend beyond the 26 foot standard height,
thereby exceeding the bulk and mass of recently
constructed structures which were designed in
conformance with the City's adopted development
standards. While some structures in the
neighborhood were constructed to past County
standards and exceed the bulk and mass of the
ci ty' s current development standards, the Board
finds that a redesigned project which conforms to
current standards will encourage future remodels to
conform to the lesser bulk and mass and the bulk
and mass of the future neighborhood will be reduced
accordingly.
Findings for Design Review Permit approval per
23.08.072 (et. seq.) of the Encinitas Municipal Code:
Chapter
3)
The project design is consistent with the General
Plan, a Specific Plan and the provisions of the
Municipal Code;
EVIDENCE: The Cardiff Board finds that the project
conforms to the provisions of the Zoning Code that
allows duplex structures on R-15 zoned properties
that were established prior to the adoption of the
City's General Plan and Zoning Ordinance and have
at least 5000 square feet. However, the Board
finds that the number of variance requests (ie:
vertical encroachment of stairways into the side
yard setbacks, exceeding the 40% Lot Coverage
standard and the 3 foot encroachment into the rear
yard setback) are not warranted by any special
circumstances due to the project site and,
therefore, the project design is not consistent
with the provisions of the development standards
specified for the R-15 Zoning District by the
Municipal (Zoning) Code.
4)
The project design is substantially consistent with
the Design Review Guidelines;
EVIDENCE: The Cardiff Board finds that the
proposed project satisfies the intent of the Design
Review Guidelines in that the building design
provides variations to the building's exterior
walls and the roof ridge line in conformance with
the guidelines. The landscape plan utilizes
drought tolerant plant material and substantially
conforms with the plants recommended by the City's
master plant list and the landscape plan provides a
sense of continuity throughout the project and with
adjoining properties in conformance with the design
guidelines. However, the design does not address
the preservation of views through the site since it
proposes to exceed the 26 foot standard height.
5)
The project will not adversely affect the health,
safety, and general welfare of the community;
EVIDENCE: The Cardiff Board finds that all utility
services including water and sewer services are
available to the site and no evidence has been
presented to indicate that the proposed use would
pose any adverse impact to the health, safety, or
general welfare of the community.
6)
The project will not tend to cause the surrounding
neighborhood to depreciate materially in appearance
or value;
EVIDENCE: The Cardiff Board finds that the variety
in exterior materials, colors and the proposed
design of the project will tend to complement
surrounding residential structures in the area.
The project proposes to upgrade the current
condition of the property which will tend to
increase the value of the property and surrounding
neighborhood. However, the aspects of the design
which propose to exceed development standards and
extend beyond the standard height envelope could
tend to adversely impact views from properties
generally to the east of the site and thereby
depreciate the worth of adjacent property.
FINDINGS PURSUANT TO SECTION 30.78.030 (VARIANCE) OF THE CITY
OF ENCINITAS ZONING ORDINANCE:
C.
D.
A.
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 Board finds that the front
yard slope of the lot down approximately 5 feet
from the street elevation and the location of the
building pad being approximately 6 feet below
properties generally to the east, are not special
circumstances since these conditions apply
generally to the properties on the west side of
Montgomery Avenue and within the same block. The
Board finds that no privilege generally enjoyed by
other property owners in the vicinity would be
denied the applicant by requiring the proj ect to
conform to adopted design standards for the Zoning
District.
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 Cardiff Board finds that the
requested variances would constitute a grant of
special privilege due to the fact that other
property owners proposing to remodel or reconstruct
in the neighborhood would have to comply with
adopted design standards unless they could
demonstrate a special circumstance with would
constrain the proposed project.
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 proposed duplex structure and the
associated garages are a use and activity expressly
authorized within the R-15 Zoning District by the
provisions of the Municipal (Zoning) Code.
No variance shall be granted if the inability to
enjoy the privilege enjoyed by other property in
the vicinity
classification:
and
under
identical
zoning
1.
Could be avoided by an alternate development
plan; which would be of less significant
impact to the site and adj acent 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
consti tute a rezoning or other amendment of
the Zoning Code; or
4.
Would authorize or legalize the maintenance of
any private or public nuisance;
EVIDENCE: The Cardiff Board finds that the
proposed development can avoid the variance
requests by utilizing an alternate development plan
which conforms to design standards since no
evidence has been presented to demonstrate that any
special circumstances exist to warrant approving
the variances. The proposed proj ect would have
more of a significant impact on surrounding
property than a project not requiring variance
since the reduced driveways of 17 feet do not
conform to the parking stall standard of 18 feet
specified in the City's Parking Design Guidelines
and the encroachment into the vertical side yard
setback and exceeding the 40% Lot Coverage will
tend to impact views through the site and
contribute to an increase to the bulk and mass of
the proj ect. No evidence has been received to
indicate that the project constitutes a public or
private nuisance.
NOW, THEREFORE, BE IT RESOLVED by the Cardiff-by-the-Sea
Community Advisory Board of the City of Encinitas that application
91-197DR/V is hereby denied without prejudice to submit an
alternate project which conforms to the adopted Standard Height
criteria and Design Standards for the R-15 Zoning District.
PASSED AND ADOPTED this 16th day of December, 1991, by the
following vote, to wit:
AYES:
Hall, Grossman, Cruz, Anderson, Tom
NAYS:
None
ABSENT:
None
ABSTAIN:
None
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Calvin F. Tom, Chairman of the
Cardiff-by-the-Sea
Community Advisory Board
ATC:l~ ~. 09~
Craig R. Olson
Assistant Planner