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1994-08 RESOLUTION NO. C-94-08 A RESOLUTION OF THE CARDIFF COMMUNITY ADVISORY BOARD APPROVING A VARIANCE TO ALLOW AN ADDITION TO AN EXISTING SINGLE- FAMILY RESIDENCE CREATING A LOT COVERAGE EXCEEDING THAT ALLOWED IN THE R-11 ZONE, FOR THE PROPERTY LOCATED AT 2156 EDINBURGH IN CARDIFF (CASE NUMBER 94-104 V) WHEREAS, a request for consideration of a Variance was filed by Mark Francois to allow a proposed 236 sq. ft. addition to an existing single-family residence to create a lot coverage of 44%, exceeding the 40% limitation of the R11 zone, in accordance with Chapter 30.78 of the City of Encinitas Municipal Code, for the property located at 2156 Edinburgh Ave. in Cardiff, legally described as: Lots 15 and 16 in Block E 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 San Diego County Recorder May 12, 1911; and WHEREAS, a public hearing was conducted on the application on July 26, 1994, by the Cardiff Community Advisory Board; and WHEREAS, the Board considered: 1. The July 26, 1994 staff report to the Community Advisory Board with attachments; Application and project plans dated received July 1, 1994; Oral evidence submitted at the hearing; Written evidence submitted at the hearing; and 2. 3. 4. WHEREAS, the Community Advisory Board made the following findings pursuant to Chapters 30.78 of the Encinitas Municipal Code: (SEE ATTACHMENT II A ") NOW, THEREFORE, BE IT RESOLVED that the Community Advisory Board of the City of Encinitas hereby approves application 94-104V subject to the following conditions: (SEE ATTACHMENT "B") BE IT FURTHER RESOLVED that the Community Advisory board, in their independent judgement, found the project exempt from environmental review pursuant to CEQA Section 15301 (e) since the project is an addition of less than 2,500 sq ft in an area with existing facilities and not environmentally sensitive. TC/9/94104V.RES (7-18-94 ) PASSED AND ADOPTED this following vote, to wit: 26th day of July, 1994, by the AYES: Crimmins, Fullwood, Grossman, MacFall, Sarkozy NAYS: None ABSENT: None ABSTAIN: None ~ 1Æ~~ ohn MacFall, Chairman of the Cardlff Community Advisory Board ATTEST: ~ ------- ~ ~~ - - .. - . To ' lden, Acting Senior Planner TC/9/94104V.RES (7-18-94) ATTACHMENT "All Resolution No. C-94-08 Case No. 94-104 V Applicant: Francois Findings: Conclusion (Code Section, Factual Circumstances, Reasoning, What follows are the findings of fact the Board must make to approve the variance request pursuant to Zoning Ordinance 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 site is presently occupied by an approx. 2,450 sq. ft. residence taking access from the alley to the west between Edinburgh and Cambridge. Through this variance request the applicant seeks to allow a 236 sq. ft. addition to that residence, which brings the lot coverage to 44%, above the 40% limitation for the R-11 zone set forth in Section 30.16.010 of the Municipal Code. Discussion: Even with the front addition, because of the location and configuration of the existing home on the lot, the home will be 6% under the allowable 60% Floor Area Ratio of the R-11 zone. The applicant has satisfactorily documented that this is significantly less building area than that enj oyed by other similarly sized properties in the area including those to the immediate north and south, such that strict application of the 40% lot coverage limitation would deprive the applicant a similar development privilege enjoyed by others in the same vicinity and zone. Conclusion: Therefore, the Board finds that because there are special circumstances present the variance is warranted to enable the applicant to enjoy a comparable use of their property to others in the same vicinity and zone. 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. TC/9/94104V.RES (7-18-94) Facts: The site is presently occupied by an approx. 2,450 sq. ft. residence taking access from the alley to the west between Edinburgh and Cambridge. Through this variance request the applicant seeks to allow a 236 sq. ft. addition to that residence, which brings the lot coverage to 44%, above the 40% limitation for the R-11 zone set forth in section 30.16.010 of the Municipal Code. Discussion: The Statement of Justification and the photographs submitted by the applicant indicate that there are numerous other larger structures in the area which enjoy equal or greater degrees of variation from the lot coverage, floor area ratio, and front setback limitations of the zone, such that no conditions would be necessary to ensure that approval of the variance request would not constitute grant of a special privilege. Conclusion: Therefore, the Board finds that no conditions are necessary to ensure that grant of this variance does not constitute a grant of special privileges inconsistent with the limitations upon other property owners in the neighborhood. 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. The provisions of this section shall not apply to use permits. Facts: The use of the property will continue to be the existing legal single family residence on an individual legal lots, and no aspect of this application would allow a non- permitted use. Discussion: The grant of this variance does not authorize a use or activity which is not expressly permitted in the R-11 zone. Conclusion: Therefore, the Board finds that the grant of this variance will not change the existing legal use of the property. 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; TC/9/94104V.RES (7-18-94) 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. Facts: The site is presently occupied by an approx. 2,450 sq. ft. residence taking access from the alley to the west between Edinburgh and Cambridge. Through this variance request the applicant seeks to allow a 236 sq. ft. addition to that residence, which brings the lot coverage to 44%, above the 40% limitation for the R-11 zone set forth in Section 30.16.010 of the Municipal Code. Discussion: The only alternative development plans, other than the removal of the addition which would deprive the applicant of a similar development potential as others in the same vicinity and zone, are either to (1) convert the garage to living area, or (2) excavate under the northeast portion of the existing home. These alternatives would be of greater impact to the site and/or adjoining areas because they would involve (respectively) either removal of off-street parking or extensive reworking of the existing structure and the floor above to access the area below. The circumstances under which the applicant is unable to enjoy the similar development potential have to do with the location and configuration of the existing home on the property and thus are not the result of an action taken by the applicant or the immediate predecessor. The fact that the variance has only to do with a minor addition to an existing single-family residence will ensure that it will not by degree constitute a rezoning or amend the zoning code, and no public or private nuisance has been identified. Conclusion: Therefore, the Board finds that there are no alternate development plans available which would be of less or equal impact to the site, the variance is not self-induced, it will not constitute a rezoning or amendment to the Municipal Code, and it will not authorize the maintenance of a public or private nuisance. TC/9/94104V.RES (7-18-94) Applicant: Case No: Subject: Location: 1. RESOLUTION NO. C 94-08 CONDITIONS OF APPROVAL ATTACHMENT liB" Francois 94-104 V Variance to allow an addition to an single-family residence to exceed the coverage limitation of the R-11 zone. existing 40% lot 2156 Edinburgh Ave. SPECIFIC CONDITION II. The applicant shall execute and record a covenant setting forth the terms and conditions of this approval prior to permit issuance. 1. STANDARD CONDITIONS GENERAL CONDITIONS D. E. A. This approval will expire in two years on July 26, 1996, at 5:00 p.m. unless the conditions have been met, or an extens ion has been approved by the Authorized Agency. B. This approval may be appealed to the authorized agency wi thin 15 calendar days from the date of this approval. C. Approval of this request shall not waive compliance wi th any sections of the Municipal Code and all other applicable City Ordinances in effect at the time of Building Permit issuance unless specifically waived herein. permi ts from other agencies will be required as follows: California Coastal Commission. proj ect is approved as evidenced by the proj ect plans including site plan, floor plan, cross- sections, and elevations consisting of seven sheets dated received by the City of Encinitas on July 1, 1994, and signed by a City Official as approved by the Cardiff Community Advisory Board on July 26, 1994 and shall not be altered without Community Development Department review and approval. APPLICANT SHALL CONTACT THE COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION: 2. DEPARTMENT SITE DEVELOPMENT TC/9/94104V.CND (7-18-94) Any change to the natural drainage or concentration of drainage shall be adequately handled and shall not impact adjacent properties. APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION: 3. FIRE RECORDATION: Prior to final development approval, the applicant shall submit to the Community Development Department 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 Fire District. THE APPLICANT SHALL CONTACT THE CITY ENGINEERING REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION: DEPARTMENT 4. The 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, including alley improvements. TC/9/94104V.CND (7-18-94)