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1992-15 RESOLUTION NO. C 92-15 A RESOLUTION OF THE CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD APPROVING A VARIANCE PERMIT TO ENCROACH 10 FEET INTO THE REQUIRED 20-FOOT REAR YARD SETBACK AND TO ENCROACH 6 FT. INTO THE STREET SIDE YARD AND TO EXCEED THE 6 FT. VERTICAL LIHIT FOR A TWO FT. ENCROACHMENT INTO THE INTERIOR SIDE YARD OF THE R-11 ZONE AND A DESIGN REVIEW PERMIT TO EXCEED THE 22 FT. STANDARD HEIGHT LIMIT TO 29.5 FT FOR THE CONSTRUCTION OF AN ADDITION TO AN EXISTING DUPLEX STRUCTURE TO BE CONVERTED TO A SINGLE FAMILY FOR PROPERTY LOCATED AT 305 NORFOLK DRIVE (CASE NUMBER 92-055 DR/V; JOHN KLINE) HOME WHEREAS, a request for consideration of a Variance was filed by John Kline to allow a maximum 10 ft. encroachment into the required 20 ft. rear yard setback, a 6 ft. encroachment into the street side yard, and request to exceed the 6 ft. vertical limit applicable to the proposed 2 ft. encroachment into the interior side yard, and Design Review to exceed the standard 22 ft. height limit to a maximum of 29.5 ft. for an existing duplex structure to be converted to a single family residence per Chapter 30.78 of the City of Encinitas Municipal Code (Variance), and authority to exceed the standard height envelope of 22 ft. to 29.5 ft. per Section 30.16.010b-7b (Design Review) for the property located at 305 Norfolk Drive, and legally described as: Lots 47 and 48, Block 14, Cardiff, in the City of Encinitas, County of San Diego, State of California, according to the Map thereof no. 1298, filed in the office of the County Recorder of San Diego County, November 14, 1910. WHEREAS, a public hearings were conducted on the application on June 22, July 27, and August 24, 1992: WHEREAS, considered: the cardiff-By-The-Sea Community Advisory Board 1. The staff reports dated June 9, July 15, and August 20, 1992: The application and Statement of Justification and project plans submitted by the applicant received March 20, 1992, and plan revision dated August 14, 1992; Oral evidence submitted at the hearing; Written evidence submitted at the hearing: 2. 3. 4. 1 '\ WHEREAS, the Cardiff Community Advisory Board made the following findings and determinations pursuant to Chapter 30.78 and Section 30.16. 010B7-b, respectively ,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 92-055DR/V is hereby approved subject to the following conditions: (SEE ATTACHMENT IIB") 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. PASSED AND ADOPTED this 24th day of August, following vote, to wit: 1992, by the AYES: Crimmins, Fullwood, Hall NAYS: Grossman, Mac Fall ABSENT: None ABSTAIN: None ()~ ß rif Bruce Hall Chairman of the Cardiff Community Advisory Board .~.. ~ A -.0 - /L, {_.A>~~~. ¿/JIm Kennedy . Junior Planner JK/92055DRV.RES (8-24-92) 2 ATTACHMENT nAn FINDINGS Resolution No. CARD 92-15 Case No. 92-055DR/V Applicant: John Kline Case No: 92-055 DR/V Subject: Design Review for addition to exceed the standard 22 ft. height envelope and Variance to allow encroachment into the required street side, interior side, and rear yard setbacks. Location: 305 Norfolk Drive Findinqs for variance: 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: Other properties in the area enj oy a similar building envelope as that requested with the variance. The application proposes a special circumstance in which the intensity of the site would be reduced by the elimination of one of two dwelling units. Discussion: The variance will enable the subject property to have a building envelope comparable to other properties in the area and proposes a special circumstance in which the intensity of the site would be reduced by the elimination of one dwelling unit. Conclusion: The Board finds that the subject lot is subject to special the circumstances in that the intensity of the site will be reduced. The approval of the variance will allow the applicant to have a building envelope comparable to other nearby properties. B. Facts: 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. other properties in the area have building mass 3 which are built to maximum floor area ratio. Discussion: The approval of the variance would permit the property owner to enjoy a building envelope comparable to other properties in the area. Conclusion: The Board finds that the approval of the variance would not constitute a grant of special privileges since approval of the variance would permit the property owner to enjoy a building envelope comparable to other properties in the area. 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: The applicable zoning is R-11. for a residential use. The project is Discussion: Residential uses are permitted in the R-11 zone and no additional uses are proposed in conjunction with this project. Conclusion: The Board finds that the project would not authorize any activity not permissible in the R-11 Zone since the proposed project is a residential use. D. 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 constitute a rezoning or other amendment to the zoning code: 4. Would authorize or legalize the maintenance of any public or private nuisance. 1. Facts: The existing building envelope provides no JK/92055DRV.RES (8-24-92) 4 additional area in which to construct additions. Discussion: Since no usable building envelope exists, there is no feasible alternate development plan. Conclusion: Board finds that the variance could not practically be avoided by the use of an alternate development plan since the site conditions leave no other area of the site for development. 2. Facts: The site consists of inherent conditions in which a building envelope with no additional space in which construct additions. Discussion: The inherent site conditions restrain the property from making an addition of living space and architectural features. 3. Conclusion: The Board finds that this variance is not self-induced since the variance request is induced by inherent site conditions of a building envelope which is developed in such a way that a variance is required to accomplish the proposed additions. Conclusion: The Board finds that this variance would not constitute a rezoning or other amendment to the zoning code since the continuation of a residential use would be consistent with the zoning code. 4. Conclusion: The Board finds that this variance would not legalize the maintenance of any public or private nuisance. criteria for Desiqn Review to Exceed Height Envelope: A. The portion of the building outside of the standard envelope maintains some of the significant views enjoyed by residents of nearby properties. B. The building is compatible in bulk buildings on neighboring properties. mass with and A. Facts: The applicant has submitted a line-of-site diagram which documents the relationship of the project si te to the adj acent property to the east. Additionally, the topography in the immediate vicinity of the project site is amongst the steepest in the Cardiff area, with the project site being significantly lower than all nearby uphill properties which may have existing and future views through the subject property. 5 Discussion: The requirement to preserve some of the nearby significant views is achieved with the subject application as evidenced by the line of site diagram and by the fact that the steeply sloping topography places the subject site at a significantly lower elevation than surrounding properties. Conclusion: The Board finds that the proposed addition will preserve some of the significant views in the surrounding area, based upon the facts and discussion above. B. Facts: The surrounding neighborhood is developed with numerous structures of similar bulk and mass. Discussion: The surrounding neighborhood is developed with numerous structures of similar bulk and mass. Conclusion: The Board finds that the proposed addition of building mass above the standard height envelope will result in a building which is consistent with the surrounding area in bulk and mass. JK/92055DRV.RES (8-24-92) 6 ATTACHMENT nBn CONDITIONS OF APPROVAL Resolution No. CARD 92-15 Case No. 92-055DR/V Applicant: John Kline Case No: 92-055 DR/V Subject: Design Review for addition to existing structure to exceed the standard 22 ft. ft. height envelope and Variance to allow encroachments into the required rear, street side and interior side yard setbacks. Location: 305 Norfolk Drive 1. E. F. G. H. GENERAL CONDITIONS A. This approval will expire on August 24, 1993, at 5:00 p.m. unless the conditions have been met or an extension has been approved by the Authorized Agency. B. This approval may be appealed to the authorized agent within 15 days from the date of this approval. c. The project is approved as submitted and shall not be altered without review and approval by the authorized agency. D. 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 be caused 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 Planning and Community Development. 7 I. Prior to final inspection on framing, the applicant shall provide a certification from a licensed engineer that the height of the structure is in conformance with this permit. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 2. SITE DEVELOPMENT A. B. C. D. E. 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. All cost recovery fees associated with the processing of the subject application shall be paid to the Department of Planning and Community Development prior to the issuance of building permits. The property owner shall cause to be recorded a covenant requiring that one of the units currently existing in the subject building be eliminated prior to final inspection of the subject building permit. The plan revision dated August 14, 1992, showing a reduced stair tower and chimney shall be incorporated into the building permit set of plans, to the satisfaction of the Director of Planning and Community Development. In addition to complying with condition "D" above, the subject stair tower, as depicted on the approved set of plans, shall be reduced in width by 1 ft. 6 in, and shall be reduced in height by 3 to 4 inches. 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. B. 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. Prior to the issuance of building permits, the applicant shall submit a letter from the Fire District stating that JK/92055DRV.RES (8-24-92) 8 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. 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. utilities B. The owner shall comply with all the rules, regulations and design requirements of the respective utility agencies regarding services to the project. C. The owner shall be responsible for coordination with S.D.G &E., Pacific Telephone, and applicable authorities. D. All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. E. The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required. b:92055v.res 9