1992-14
RESOLUTION NO. C 92-14
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMMUNITY ADVISORY BOARD APPROVING A
VARIANCE PERMIT TO ENCROACH A MAXIMUM OF
6.5 FEET INTO THE REQUIRED 10-FOOT
STREET SIDE YARD SETBACK
AND TO EXCEED THE 40% LOT COVERAGE LIHIT BY
IN THE R-11 ZONE
FOR THE CONSTRUCTION OF AN ADDITION TO
AN EXISTING SINGLE FAMILY HOME
FOR PROPERTY LOCATED AT
407 BIRMINGHAM DRIVE
(CASE NUMBER 92-051V; RICHMOND JOHNSON)
1.9%
WHEREAS, a request for consideration of a Variance was filed
by Richmond Johnson to allow a 6.5 ft. encroachment into the 10 ft.
required street side yard setback, and to allow the 40% lot
coverage limit to be exceeded by 1. 9%, for an addition to an
existing single family home pursuant to Chapter 30.78 of the city
of Encinitas Municipal Code (Variance), for the property located at
407 Birmingham Drive, and legally described as:
Lots 47 and 48, Block 39, Cardiff, in the City of Encinitas,
County of San Diego, State of California, according to the Map
thereof no. 1334, filed in the office of the County Recorder
of San Diego County, May 12, 1911.
WHEREAS, public hearings were conducted on the application on
June 22, July 27, 1992 and August 24, 1992;
WHEREAS,
considered:
the
cardiff-By-The-Sea
Community Advisory
Board
1. Staff reports dated June 18, July 22 and August 14, 1992;
2. Application
3. Project plans (set V) submitted by the applicant dated
received August 11, 1992;
3. Oral evidence submitted at the hearing:
4. written evidénce submitted at the hearing:
WHEREAS, the Cardiff Community Advisory Board made the
following findings and determinations pursuant to Chapter 30.78 of
the Encinitas Municipal Code:
(SEE ATTACHMENT "A")
NOW, THEREFORE, BE IT RESOLVED by the Cardiff Community
Advisory Board of the City of Encinitas that application 92-051V is
hereby approved subject to the following conditions:
(SEE ATTACHMENT "B")
1
BE IT FURTHER RESOLVED by the Cardiff community Advisory Board
of the City of Encinitas that:
This proj ect was found exempt from environmental review under
section 15301 (e) of the State CEQA guidelines.
NOW, THEREFORE, BE IT RESOLVED by the Cardiff Community
Advisory Board of the City of Encinitas that application 92-051V is
hereby approved.
PASSED AND ADOPTED this 24th day of August,
following vote, to wit:
1992, by the
AYES:
crimmins, Fullwood, Grossman, Hall, Mac Fall
NAYS:
None
ABSENT: None
ABSTAIN: None
f}~A4lf
Bruce Hall
Chairman of the Cardiff
Community Advisory Board
JK/92051V.RES
(8-24-92)
2
Applicant:
Case No:
Subject:
Location:
ATTACHMENT nAn
FINDINGS
Resolution No. CARD 92-14
Case No. 92-051V
Richmond Johnson
92-051 V
Variance to allow encroachment of 6.5 feet into the
required 10 feet street side yard setback and to
exceed the 40% lot coverage limit by 1.9% for an
addition of approximately 145 square feet of stairway
floor area and approximately 26 square feet for a bay
window which increases the floor area to an
existing single family home.
Findinqs for Variance:
407 Birmingham Drive
A.
In reference to Municipal Code section 30.78.030
(A), a variance from the terms of the zoning
regulations 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 regulations deprives such property of
privileges enjoyed by other property in the
vicinity and under the same zoning classification.
Facts:
The required setback for the street (exterior) side
yard in the R11 zone is 10 feet. The project
proposes a setback of 3.5 feet, or an encroachment
into the required setback of 6.5 feet. The lot
coverage in the R11 zone is 40% The project
proposes a lot coverage of 41.9%.
Discussion:
The existing house on the lot has maintained a side
yard setback of ten feet from the property line
adjacent to Birmingham Drive. The proposed
extension of a stairway to serve as access to an
under construction second story portion of the
house will be consistent with the existing portion
of the structure. The redevelopment of the project
requires additional dedication of public right of
way along the Birmingham Drive frontage of the
site, this dedication reduces the ultimate setback
from the Northern property line from 10 feet to 5
3
feet for the existing structure. The buildable
portion of the site is elevated relative to the
Birmingham Drive right of way. No evidence has
been presented that the existing structure has
presented problems to the surrounding area. The
proposed stairway and bay windows proposed for the
site will not encroach significantly further
towards the street than the existing structure.
Conclusion:
The site is unique in that a portion of the
structure is existing at the setback proposed for
the construction of the stairway. The buildable
portion of the site is elevated from the right of
way and the encroachment into the setback would,
therefore, be separated from the right of way.
B.
In reference to Municipal Code section 30.78.024
(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 same
vicinity and zone in which property is situated.
Facts:
Conditions of project approval are consistent with
other approvals within the same vicinity and zone.
Discussion:
There are no special conditions relative to this
application which are not generally applicable to
other projects in the vicinity and zone.
Conclusion:
This application will not be granted special
privileges or limitations which would be
inconsistent with the Municipal Code.
C.
In reference to Municipal Code section 30.78.024
(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 regulations governing the parcel of
property.
Facts:
JK/92051V.RES
(8-24-92)
4
The R11 Zone permits the construction of a single
family dwelling. The applicant is proposing to
construct an addition to a single family dwelling.
Discussion:
10
The project is to add to an existing single family
dwelling. Single family dwellings are permitted by
right within the R11 zone. The variance
application is to encroach into the setback as set
forth in the subject matter of this document.
Conclusion:
D.
No use or activity is being proposed or authorized
which is contrary to the Municipal Code.
In reference to Municipal Code section 30.78.024
(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 than 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 to the
zoning code:
4. Would authorize or legalize the maintenance of
any public or private nuisance.
Facts:
The setback and lot coverage established in the R11
zone will apply to any development in that zone.
The proposed development is for an addition to an
existing single family dwelling on a corner lot. A
portion of the existing dwelling will encroach into
the sideyard setback when an offer of dedication
for 5 feet of right of way is granted to the City
of Encinitas pursuant to the Municipal Code. The
total floor area being proposed to encroach is
approximately 171 square feet and the lot coverage
will be exceeded by 1.9%.
5
Discussion:
An alternate development plan could be developed
which would result in a modification to the
existing house and the potential of rendering the
use of the existing bedroom in the Northwest corner
of the first floor infeasible since it would be
reduced in size resulting in a width of 7 feet
which is the minimum width of a habitable room
pursuant to the Uniform Building Code.
The applicant has chosen to add the second story to
the dwelling which results in an action by the
applicant of creating the need for the stairway.
As a result of the addition, the Municipal Code
requires the dedication of 5 feet of additional
right of way: the variance request at the stairway
is for an encroachment of 5 feet. The bay window
may encroach into the side yard for a distance of 3
feet as an architectural feature: the additional 18
inches of encroachment will not resul t in
additional floor area since the bay window is
elevated from the grade, thus is not floor area.
The 1.9% (85.5 of 4500 square feet) increase of lot
coverage is less than the 500 square feet of
dedication of right of way for Birmingham Drive.
The applicant is proposing a single family dwelling
remodel which is a permitted use in the R11 zone
and will not be a large variation from the code
requirement.
Conclusion:
There is no feasible alternate development plan for
the site consistent with the second story addition
unless the existing house were modified to a
greater degree than proposed: that modification may
render the use of a portion of the existing house
infeasible. Although the applicant's plans result
in an encroachment into the setback, the setback
has changed as a result of required right of way
dedication which rendered a portion of the existing
house non-conforming as to conformance with setback
regulations. The variance is of a minor degree and
does not constitute a rezone or amendment to the
zoning code and does not authorize or legalize a
private or public nuisance.
JK/92051V.RES
(8-24-92)
6
Applicant:
Case No:
subject:
Location:
ATTACHMENT "B"
CONDITIONS OF APPROVAL
Resolution No. CARD 92-14
Case No. 92-051V
Richmond Johnson
92-051 V
Variance to allow encroachment into the required
street side yard setback and exceed the lot coverage
limit for addition to existing single family home.
407 Birmingham Drive
1.
GENERAL CONDITIONS
A.
B.
C.
D.
E.
F.
G.
H.
This approval will expire on August 24, 1994, at 5: 00
p.m. unless the conditions have been met or an extension
has been approved by the Authorized Agency.
This approval may be appealed to the authorized agent
within 15 days from the date of this approval.
The project is approved as submitted and shall not be
al tered without review and approval by the authorized
agency.
Nothing in this permit shall relieve the applicant from
complying with the conditions and regulations generally
imposed upon activities similar in nature to the activity
authorized by this permit:
Approval of this request shall not waive compliance with
any sections of the Zoning Code and all other applicable
City Ordinances in effect at the time of Building Permit
issuance.
The applicant shall comply with the latest adopted
Uniform building Code, Uniform Mechanical Code, Uniform
Plumbing Code, National Electric Code, Uniform Fire Code,
and all other applicable codes and ordinances in effect
at the time of building permit submittal.
Permits from other agencies will be required as follows:
- California Coastal Commission
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 Community Development.
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APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY
DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
2.
A.
SITE DEVELOPMENT
Prior to issuance of building permits, all appropriate
conditions of approval contained herein shall be
completed to the satisfaction of the Director of
Community Development. Other conditions shall be
satisfied prior to final inspection.
B.
All cost recovery fees associated with the processing of
the subject application shall be paid to the Department
of Community Development prior to the issuance of
building permits.
THESE ITEMS MUST BE COMPLETED PRIOR TO FINAL FIRE DISTRICT
APPROVAL. APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION
DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
3.
FIRE
A.
Address numbers shall be clearly visible from the street
fronting the structure. Where structures are located off
a roadway on long driveways, a monument shall be placed
at the entrance where the driveway intersects the main
roadway. Permanent address numbers shall be displayed on
this monument.
B.
Prior to the issuance of building permits, the applicant
shall submit a letter from the Fire District stating that
all development impact, plan check and/or cost recovery
fees have been paid or secured to the satisfaction of the
District.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
4.
Public Works
street Conditions
A.
B.
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.
Property owner shall dedicate, to the satisfaction
of the City Engineer, 5 feet of frontage along
Birmingham Drive for the length of the property in
order to achieve a half street width of 30 feet.
JK/92051V.RES
(8-24-92)
8
utilities
c.
The owner shall comply with all the rules, regulations
and design requirements of the respective utility
agencies regarding services to the project.
D.
The owner shall be responsible for coordination with
S.D.G &E., Pacific Telephone, and applicable authorities.
All proposed utilities within the project shall be
installed underground including existing utilities unless
exempt by the Municipal Code.
E.
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