Loading...
1992-21 RESOLUTION NO. C 92-21 A RESOLUTION OF THE CARDIFF COMMUNITY ADVISORY BOARD APPROVING A VARIANCE TO ENCROACH 15 FEET INTO THE REQUIRED 20-FOOT REAR YARD SETBACK OF THE R-11 ZONE FOR THE CONSTRUCTION OF AN ADDITION TO AN EXISTING DUPLEX STRUCTURE FOR PROPERTY LOCATED AT 2520-2522 NEWCASTLE AVENUE (CASE NUMBER 92-017 V; TRIEBEL/HOLDEN) WHEREAS, a request for consideration of a variance was filed by Robert & Yvonne Triebel and Wayne Holden to allow a 15 ft. encroachment into the required 20 ft. rear yard setback for the construction of a family room addition and deck to an existing duplex structure per Chapter 30. 78 of the City of Encini tas Municipal Code, for the property located at 2520-2522 Newcastle Avenue legally described as: The Northeasterly one-half of Lots 4 through 9 inclusive, in Block 4 of CARDIFF, County of San Diego, State of California, according to Map thereof No. 1298, filed in the office of the County Recorder of San Diego County, November 14, 1910: EXCEPTING from said Lots 7, 8 and 9 that portion lying southwesterly of the Northwesterly line of the 40 foot road as shown on the Plat of Road Survey No. 1132 as filed in the office of the County Surveyor of San Diego County, the center line of said 40 foot road being described as follows: Beginning at point of the Northwesterly line of lot 8, in said Block 4, distant thereon North 31 degrees, 12 minutes West (record North 31 degrees 10 minutes) 55.66 feet from the most Easterly corner of beginning of a tangent curve concave to the Northwest having a radius of 200 feet, thence Southwesterly along the arc of said curve to the Southwesterly line of Lot 10 in said Block 4; EXCEPTING therefrom the Northwest 1.75 feet of Lot 4; ALSO GRANTING an easement of 3 feet on the Westerly line of the Northwesterly one-half of Lots 1,2, and 3, and the North- westerly 1.75 feet of the Northwesterly one half on Lot 4, Cardiff, in the 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, said easement being for the purpose of a water line. WHEREAS, public hearings were conducted on the application on October 26, 1992 and December 21, 1992 by the Cardiff Community Advisory Board: TC/7/92017V.RES (12-22-92) 6. 7. 8. 9. 10. WHEREAS, the Community Advisory Board considered: 1. The staff reports dated October 21, 1992 and December 14, 1992: 2. The application and Statement of Justification submitted by the applicant received February 10, 1992; 3. Plans dated received September 5,1992 and revised dated December 10, 1992. 4. Revised project description and photographs submitted by the applicant dated December 10, 1992. 5. Letter of concern and photographs submitted by Dr. Margot Kopley dated December 7, 1992. Letter and supporting "Bikelane Study" from Wayne Holden dated June 29, 1992. Letter from Mrs. Virginia Higginson dated received April 15, 1992 regarding drainage issues. Letter from Mr. issues. Mark McNaughton regarding drainage Oral evidence submitted at the hearing: Written evidence submitted at the hearing: and WHEREAS, the Cardiff Community Advisory Board made the following findings pursuant to Chapter 30.78 of the Encinitas Municipal Code: (SEE ATTACHMENT "A") NOW, THEREFORE, BE IT RESOLVED by the Cardi ff Community Advisory Board of the City of Encinitas that application 92-017 V is hereby approved subject to the following conditions: (SEE ATTACHMENT "B") BE IT FURTHER RESOLVED by the Cardiff Community Advisory Board of the City of Encinitas that: This project was found exempt from environmental review under Section 15301 (e) of the State CEQA guidelines. TC/7/92017V.RES (12-22-92) PASSED AND ADOPTED this 21st day of December 1992, by the following vote, to wit: AYES: Grossman, MacFall NAYS: Hall ABSENT: Crimmins, Fullwood ABSTAIN: None a '7Å /7 ....' h/ C / --/f.../{ /{ /" I '/f, 'l/ '~L. . , / .ctairman' of the Cardiff , / . . {,/ Commun1 ty Advlsory Board ATTEST: -----/-~ .<--~- ~ ~ ~ Tom Cur' n Associate Planner TC/7/92017V.RES (12-22-92) .. ATTACHMENT "A" Resolution No. C 92-21 Case No. 92-017 V FINDINGS 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 proposal is to encroach 15 ft. into a 20 ft. rear yard setback for a living room addition and a deck to encroach approximately 8 ft. into the rear yard onto an existing duplex structure. The southerly edge of the proposed living room addition would be approximately 28'6" from the northerly edge of the existing San Elij 0 Avenue right-of-way. A visual inspection and evidence submitted by the applicant suggest that the majority of existing structures in this area of San Elijo are located significantly closer to the existing right- of-way than the proposed addition. Discussion: The proposed additions will maintain a spatial separation from the existing and proposed right-of-way consistent with other similar properties in the area, and the fact that the proposed addition would be located approximately 16 ft. higher than the street, resulting in a greater apparent setback. Conclusion: The Board finds that special circumstances apply since the application of the full setback standards to the proposed project would deprive the applicant of privileges enjoyed by other property in the vicinity since the 20 ft. rear yard setback would: 1. Preclude the subject property from developing in a manner consistent with other properties in the area, i.e. the project site would be restricted with a greater setback from the right-of-way than is common for other surrounding properties: 2. Restrict the expansion of living area for the subject structure which is approximately 1000 sq. ft. in area, considerably smaller than the average dwelling size in the area. TC/7/92017V.RES (12-22-92) C. D. 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: The majority of existing structures in this area of San Elijo are located significantly closer to the existing right-of-way than the proposed addition as evidenced by visual inspection and information submitted by the applicant. Discussion: The proposed project seeks an addition of interior living area and an external deck into the rear yard setback, projecting into the subject yard to a degree which is not inconsistent with the location of other nearby structures with respect to the San Elijo right-of-way. In addition, the applicant has re-designed the addition, to the extent practical, to preserve views from the properties to the northeast. Conclusion: The Board finds that the variance would not constitute a grant of special privileges since the applicant seeks to encroach into the rear yard to an extent which is consistent with other structures nearby along the San Elijo right-of-way and protects some views for the property owners to the northeast of the subject site. 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. residential use. The project is for a 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. 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: TC/7/92017V.RES (12-22-92) 3. 4. 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 structure is such that an addition to the common living area is located on the south side of the building, and the 20 ft. setback crosses this portion of the property. Discussion: The project proposes an addition of living space on the only practical area of the property. Conclusion: Board finds that the variance could not practically be avoided by the use of an alternate development plan since orientation of the subject parcel is such that the 20 ft. setback line eliminates most of the rear yard area and would preclude the addition of any living area on the south and view side of the existing building. 2. Facts: The location of the adjacent San Elijo right-of-way results in a setback line which significantly impacts the rear yard area of the subject site. Discussion: The 20 ft. setback, as currently applied to the project site eliminates the possibility of pursuing a reasonable addition to the rear and view side of a relatively small (approximately 1,000 sq. ft.) unit. Conclusion: The Board finds that this variance is not self- induced since the 20 ft. rear yard setback measured from the existing right-of-way would preclude reasonable additions to the rear yard area, a condition not brought about by the applicant or the applicants predecessor. 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, and the variance involves only one property under unusual circumstances. Conclusion: The Board finds that this variance would not legalize the maintenance of any public or private nuisance. TC/7/92017V.RES (12-22-92) Applicant: Case No. Subject: Location: APN: 1. RESOLUTION NO. C 92-21 ATTACHMENT liB" CONDITIONS OF APPROVAL Triebel/Holden 92-017 V Conditions of approval for a Variance Permit addition to an existing duplex structure. 2520-2522 Newcastle Ave. 261-142-16 for an A. SPECIFIC CONDITIONS B. 1. The applicant shall cause to be recorded with the County Recorder a covenant which sets forth the conditions of this variance. Upon implementation of an area-wide drainage system to resolve existing drainage problems, the property owner shall, to the satisfaction of the City Engineer, participate in the installation of said improvements at least in the amount necessary to install a drainage inlet in the low point in the south driveway area of the site and install an 18" diameter drainage pipe running down the hill to San Elijo Ave. A. GENERAL CONDITIONS B. C. D. E. This approval will expire on December 21, 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 altered 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. TC/7/92017V.RES (12-22-92) 2. C. F. 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. G. Permits from other agencies will be required as follows: - California Coastal Commission APPLICANT SHALL CONTACT THE DEPARTHENT OF PLANNING AND COMMUNITY DEVELOPHENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: SITE DEVELOPHENT A. 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. A plan shall be submitted for approval by the Director of Planning and Community Development and the Encinitas Fire Protection District regarding the treatment of the site during the construction phase, and the circulation and parking of construction workers' vehicles and any heavy equipment needed for the construction of the project. 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. THESE ITEMS HUST 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 all development impact, plan check and/or cost recovery fees have been paid or secured to the satisfaction of the TC/7/92017V.RES (12-22-92) 4. F. District. APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT REGARDING COHPLIANCE WITH THE FOLLOWING CONDITIONS: Enqineerinq Gradinq Conditions A. The grading for this project is defined in Chapter 23.34 of the Encini tas Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approve grading plan, submit required reports to the City Engineer and verify compliance with Chapter 23.24 of the Encinitas Municipal Code. B. No grading shall occur outside the limits of the PROJECT unless a letter of permission is obtained from the owners of the affected properties. C. A soils/geological/hydraulic report (as applicable) shall be prepared be a qualified engineer licensed in the state of California to perform such work prior to building permi t issuance; or at first submittal of a grading plan. Drainaqe Conditions E. The developer shall exercise special care during the construction phase of this project to prevent any off- site siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/ detention basins of type, size and location as approved by the City Engineer. The basins and erosion control measures shall be constructed to the satisfaction of the City Engineer prior to the start of any other grading operations. Prior to the removal of any basins or facilities so constructed, the area served shall be protected by additional drainage facilities, slope erosion control measures and other methods required or approved by the City Engineer. The developer shall maintain the temporary basins and erosion control measures for a period of time satisfactory to the City Engineer and shall guarantee their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City Engineer. A drainage system capable of handling and disposing of all surface water originating within the site, and all surface waters that may flow onto the site from adjacent TC/7/92017V.RES (12-22-92) lands, shall be required. Said drainage system shall include any easements and structures as required by the City Engineer to properly handle the drainage. G. Concentrated flows across driveways and/or sidewalks shall not be permitted. H. 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. I. The applicant shall dedicate an additional 2 feet of San Elijo frontage creating a 30 ft 1/2 street (as measured from centerline) for future right-of-way improvements. TC/7/92017V.RES (12-22-92)