1995-02
RESOLUTION NO. C 95-02
A RESOLUTION OF
THE CARDIFF COMMUNITY ADVISORY BOARD
DENYING A VARIANCE APPLICATION FOR AN
ACCESSORY LIVING UNIT AND GARAGE PROPOSED
TO BE LOCATED 5 FT. INTO THE 25 FT.
FRONT YARD SETBACK IN THE R-8 ZONE
FOR PROPERTY LOCATED AT 1818 PLAYA RIVIERA
(CASE NUMBER 94-076 V)
WHEREAS, a request for Variance Permit was filed to allow an
accessory living unit to be located above a two-car garage on a
property with an existing single family residence, in accordance
with Section 30.48.040-W and Chapter 30.78 of the City of Encinitas
Municipal Code, for the property located at 1818 Playa Riviera,
legally described as:
Lot 24 of PLAYA RIVIERA UNIT NO.1, in the County of San
Diego, State of California, according to the Map thereof No.
4946, filed in the office of the County Recorder of San Diego.
WHEREAS, a public hearing was conducted on the application on
April 25, 1995, by the Cardiff Community Advisory Board; and
WHEREAS, the Board considered:
1.
The April 25, 1995, staff report to the Community
Advisory Board with attachments;
Application dated received May 24, 1994;
Plans consisting of four sheets, dated received by the
City April 6, 1995;
Oral evidence submitted at the hearing;
Any written evidence submitted at the hearing; and
2.
3.
4.
5.
WHEREAS, the community Advisory Board made the following
findings pursuant to Section 30.48. 040-W of the Encinitas Municipal
Code:
(SEE ATTACHMENT "A")
NOW, THEREFORE, BE IT RESOLVED that the Cardiff Community
Advisory Board of the City of Encinitas hereby denies application
94-076V.
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PASSED AND ADOPTED this 25th day of April,
following vote, to wit:
1995,
by the
AYES: Crimmins, Fullwood, Grossman, Sarkozy
NAYS: None
ABSENT: None
ABSTAIN: MacFal1
7Jzu,
hn MacFall, Chairman
of the Cardiff Community
Advisory Board
A7!L&~
Chris Durand
Planning Technician
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ATTACHMENT "A"
Resolution No. C 95-02
Case No. 94-076V
Applicant: Tom Sistrunk
Findings: (Code Section, Factual Circumstances, Reasoning,
Conclusion
Section 30.48.040W-2 of the Municipal Code provides the following
finding applicable to Accessory units:
A.
Attached and detached accessory units must maintain the
general character of a single family residential neighborhood,
and maintain the character as a single family dwelling as
determined by the Director. Architectural design, building
materials, and exterior colors shall be compatible with the
principal residence.
Facts: The subject site is a relatively prominent corner lot,
and the building location is proposed on the forward corner
portion of the property. Any building in this area will be
highly visible.
Discussion: The two-car garage and accessory living unit as
proposed are out of character and out of scale with the
primary dwelling unit and the neighborhood. If constructed as
proposed, the project would present to the street two access
driveways and two two-car garages, and an exterior stairway
accessing the upper unit, with only a breezeway connecting the
two structures, which contributes to the appearance of a two-
unit development, in contradiction with Section 30.48.040W-2.
Conclusion: The Cardiff Community Advisory Board determines
that the project as submitted presents the appearance of a
two-unit property and therefore does not maintain the
character of a single family dwelling.
Section 30.78.030D(1) of the Municipal Code provides the following
finding applicable to Variances:
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 then the project requiring a
variance.
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Facts: The subject site is developed with a single story
single family residence.
Discussion: The City has received no information
indicating that the subject dwelling could not
accommodate an addition of an accessory living unit.
Conclusion: The Cardiff Community Advisory Board
determines that the existing home could accommodate an
addition of an accessory living unit, and therefore an
alternate development plan exists for the project.
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