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Item 7 - EA VAR 90-11 Sunland Housing Group ,., " ,..',,', ,~,~-~<~_.~,-_.'-'~' . 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 - 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: - I 1 of 8 ----..-.---- ,- - ., ,~. _ _ ~,' 0'__ ..--.'._._- ----~ ~~-~~ --~ ----~- -~---~- --_._~---~- -'_'h<'''''-'. --, ',c.;I;;:;'';'.~'._'.:-.-,~-.-_.__:..:.:_..~_..:_ <., '.~. .- ....... ,'--. .U"_ ...----~.- ...---,~-.,."'----,,-'. . -_.--.. ",,-~",,- 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, 2 of 8 DEe 18 1990 ITEM 7 . . ",,'-, ,", '. ..... _, _,',., ..;,.~',d~'.c'~,_. _.;......:.....~. ,,'."~ ,,':':';~ ."~'-'."" 0-'__', . ,'-- .- ._-- ,-..,. - -",,'- -,- _._"'___ ..'~':''';''___'....,..-'., , ,...-:...c....;.,__.... _~.,._=..__.~,-'_ -- - 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. JLB:RWQ:MVD:pcm Attachments: 1, Proposed Resolution 2. Site Plan 3, Location Map and zoning REPORT\VAR9011.AGN 3 of 8 DEe 18 1990 ITEM 7 ,._.-.-..-.... -. ,.-.'-' -.--" ,-.- -"" ,-,-",.,'-' . --~ ---~-~---~ c_.c-._ ".". -'..""-.--,,,.' ~.'~ ' ~ ., ""....'.. -, . - ~ - ."'--.'-"". ..~ '-., , 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. 4 of 8 DEe 18 1990 ITEM 7 '., ...,.' ;....O:"..~. .'...~,' ~..-........\' ".... ,'.'- ,'~- .. -"- .,,'-'.'~' _.-->--,..~.- '_'~""'.. .~. _..~ - """'_n."""",:_~_,_,, _ ,..;,--",~. ....~,:,=-......,~,,-'".... ;-".'.'''-' - ,- - 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 - 5 of 8 DEe 18 1990 ITEM 7 ".- ~"'<""'.-'''''-=-'' .._- . ~--." -. .- ,,-.,., ... ~ ,'-~._. -,~ --_._--~ -~_"'.' -, ,~,..:......; ";",~~~,'':'''o-;;', ,;t.::. ~'.~. ~,_>__ -,'.-.-.:";'" ......."......;.... "".. . r_.._..~.._.'-. . .-..-'---'.",>-- ....... 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 6 of 8 DEe181990 ITEM 7 ,....,,:...c..... - _.'C.'.. .".0__'".. _.- .... '., .. , .~'..e.'."" 'e.'",. . -'..'-~ '-' ,.-. C - 0{, ,,6 - .,. . . - - L'OZ' v'''''' 1 @ ,vI p\..P-\'\ '2080 Z'/Z9 \ 1.7-\ L9"Z~ ~ ~ H "" <..t F.r' OO&Z 6'''''' QVd ~ \ I'P.O~ LS ZI" H \ 1 Hosa~ NVld J ,"'). .... ~~--~ . 'J,.' / 7 of 8 M'I" , .-.- ATTACHMENT 2 . - - - - ~ ~_. . . .' . '..- .' " ,.:.',.. -.," '. . ,.." '..-- -. , ,...c-n _ _ .. ~-, '" ,:,,~_, "'.C.. ~._ ;....;._'-<>~___.~,.:...J"..'--_~_. __""_;"-~~"h'_'~'~-___:o....";"-":~__."'_. . _.~ - - . ...~_., ,- -' ."~-~,,.- . ~-- '~,-'-... "- I . i ~ . - --..- -- ~-.-~ - ~ , I I , , -:--1 I , , I R~-"" I ---- - .,.... ; / \ RR-C :::<:- . \> os \117 SITE ~oAJ::l.j I Z' l -B ~-I RR-^ I - ~ <:i. -r ~ RR-B \ RR-B ~t ~ . CITY OF POW A Y ITEM: VAR 90-11 o SCALE , TITLE: ZoI'-JIN6 N I :=, )) I =- fboo ATTACHMENT: 8 of 8 DEe 18 1990 ITEM 7