Item 7 - EA VAR 90-11 Sunland Housing Group
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f( AGENDA REPORT
CITY OF POW A Y
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Mana~
INITIATED BY: Reba wright-Quastler, Director of Planning Services ~
PROJECT
PLANNER: Marij 0 Van Dyke, Associate Planner~'
DATE: December 18, 1990
SUBJECT: Environmental Assessment and Variance 90-11,
Sunland Housinq Group, Inc" Applicant: A request
for a variance for an existing retaining wall and
wood fence with a combined height of nine feet
where six feet is the maximum height permitted,
The property is located at 13510 Spruce Lane in the
Sycamore Creek Planned Residential Development,
APN: 323-451-51
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ABSTRACT
This variance is a request to allow Sunland Housing Inc. , to
construct a fence and retaining wall with a combined total height
of nine feet on an interior side property line, The fence and wall
are between two new single-family homes of the Sycamore Creek
subdivision in the PRD zone,
BACKGROUND
The zoning Development Code limits residential retaining walls and
fences to a maximum height of six feet. Where a freestanding fence
is built on top of a wall, the combined height is also limited to
six feet unless a five foot wide landscaped offset is provided
between the wall and fence,
The wall and fence in question are located along an interior
property line between Lots 28 and 29 in the Sycamore Creek
ACTION:
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Agenda Report
December 18, 1990
Page 2
subdivision, The developer obtained a permit for the three foot
wall and proposes to construct the six foot fence above it.
Thare are unusual circumstances which support the developer's
request for a variance for fence height. There is a three foot
grade difference between the two lots and only a 15 foot separation
between the two homes. without the retaining wall, there would
have been a slope over six feet wide and three feet high between
the two homes. This would not leave enough level ground for
adequate access around the home on Lot 28, The option of moving
the fence over five feet and landscaping was equally infeasible
because the house on Lot 29 only has a 12 foot setback on the south
and the offset would deprive that property owner of access around
the building since Lot 29 already has a three foot slope on its
north side. The height of the wood fence on top of the wall could
be lowered to three feet; however, staff does not believe this is
advisable as the residents on Lot 28 would then be deprived of the
privacy enjoyed by other lots in the area, as their neighbors could
look directly down into their small back yard,
The major intent of fence standards is to prevent structures which
would unduly obstruct light and air circulation or be visually
obtrusive. The subj ect wall and fence are located between the
homes and are screened by the structures. staff believes the
existing fence and wall provide the best solution for the lots in
question and meet the intent of the zoning standards.
ENVIRONMENTAL REVIEW
This project is categorically exempt (Class 5) under the provision
of the California Environmental Quality Act because it is a minor
alteration in land use limitations.
CORRESPONDENCE
Public notice was published in the poway News Chieftain and mailed
to 52 property owners within 500 feet of the subject property,
FISCAL IMPACT
None.
FINDINGS
The five findings required for approval of the variance can be made
and are set forth in the attached resolution,
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Agenda Report
December 18, 1990
Page 3
RECOMMENDATION
It is recommended that the City Council approve Variance 90-11
subject to conditions in the attached resolution.
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Attachments:
1, Proposed Resolution
2. Site Plan
3, Location Map and zoning
REPORT\VAR9011.AGN
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RESOLUTION NO. P-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 90-11
ASSESSOR'S PARCEL NUMBER 323-451-51
WHEREAS, Variance 90-11, submitted by Sunland Housing Group,
Inc. , applicant, requests approval of a variance for a nine foot
wall and fence located at 13510 Spruce Lane where a six foot total
height is the maximum permitted in the PRD zone; and
WHEREAS, on December 18, 1990, the City Council held a duly
advertised public hearing to solicit comments from the public both
pro and con, relative to this application,
NOW, THEREFORE, the City Council does hereby resolve as
follows:
Section 1: Environmental Findinqs:
This project is categorically exempt under the provisions of
CEQA (Class 5), minor alteration in land use limitations.
Section 2: Findinqs:
1. That there are special circumstances applicable to the
property (size, shape, topography, location, or
surroundings), or the intended use of the property, and
because of this, the strict application of the Zoning
Ordinance deprives the property of privileges enjoyed by
other properties in the vicinity under identical zoning
classifications.
The unusual circumstances include the three foot grade
differential between the subject property and adjoining
lot and the minimal (17 foot) separation between the two
houses. If a retaining wall were not used, there would
not be adequate access around the perimeter of the house
on the subject property, If the wood fence were reduced
to three feet in height, the property owners would not
have the same privacy enjoyed by other properties in the
vicinity,
2. Granting the variance, or its modification, is necessary
for the preservation and enjoyment of a substantial
property right possessed by other property in the same
vicinity and zone and denied to the property for which
the variance is sought in that the retaining wall and
fence are necessary to preserve adequate access and
privacy for existing homes.
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DEe 18 1990 ITEM 7
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- Resolution No, P-
Page 2
3, Granting the variance, or its modification, will not be
materially detrimental to the public health, safety or
welfare, or injurious to the property or improvements in
such vicinity and zone in which the property is located,
in that the nine foot wall is screened by existing
buildings on either side,
4, The granting of this variance does not constitute a
special privilege inconsistent with the limitations upon
other properties in the vicinity and zone in which such
property is situated, in that other lots in the
subdivision have six foot high privacy fencing along side
and rear property lines and the variance is necessary to
secure this right for the subject lot,
5. The granting of this variance does not allow a use or
activity which is not otherwise expressly authorized by
the zoning regulation governing the parcel of property
because side and rear property line fencing is required
by the Zoning Ordinance for smaller single-family lots,
6. Granting the variance or its modification will not be
incompatible with the City of poway General Plan because
of the minimal nature of the request.
Section 3: City Council Decision:
The City Council hereby approves Variance 90-11 subject to the
following condition:
Within 30 days of approval (1) The Applicant shall submit in
writing that all conditions of approval have been read and
understood; and (2 ) the property owner shall execute a
Covenant on Real Property.
APPROVED and ADOPTED by the City Council of the City of Poway,
State of California, this 18th day of December 1990,
Jan Goldsmith, Mayor
ATTEST:
Marjorie K. wahlsten, City Clerk
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Resolution No. p-
page 3
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do
hereby certify, under the penalty of perjury, that the foregoing
Resolution, No, , was duly adopted by the City Council
at a meeting of said City Council held on the day of _
, 1990, and that it was so adopted by the following
vote:
AYES:
NOES:
ABSTAIN:
ABSE.NT :
Marjorie K, wahlsten, City Clerk
City of poway
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CITY OF POW A Y ITEM: VAR 90-11
o SCALE , TITLE: ZoI'-JIN6
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8 of 8 DEe 18 1990 ITEM 7