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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 (~~ c --- .-- ---..-.. .. \- \ .' Calvin F. Tom, Chairman of the Cardiff-by-the-Sea Community Advisory Board ATC:l~ ~. 09~ Craig R. Olson Assistant Planner