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Item 9 - Variance 21-002 to allow for reduced setbacks of a non-habitable accessory structure at 13409 Neddick AvenueOctober 5, 2021, Item #9DATE: TO: FROM: CONTACT: SUBJECT: Summary: AG EN DA REPORT City of Poway October 5, 2021 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services /t1. Hector Salgado, Assistant Planner 858-668-4659 or hsalgado@poway.org CITY COUNCIL Variance 21-002; a request to allow a non-habitable accessory structure to observe a reduced rear yard setback and interior side yard setback on property located at 13409 Neddick Avenue APN: 323-122-08 The applicant is requesting a Variance to allow a non-habitable accessory structure (Structure) located at 13409 Neddick Avenue to observe an approximate 3-foot rear yard setback and a 2-foot, 6-inch interior side yard setback when 5 feet is required for structures exceeding 8 feet in height and exceeding a projected roof area of 120 square feet. The required findings to support the Variance can be made based on unique circumstances applicable to the property. Recommended Action: It is recommended that the City Council take public input, close the public hearing, and adopt the Resolution (Attachment A). Discussion: The applicant is Mark Supanchick and the property owners are Mark and Mary Supanchick. The project site is located north of Garden Road, on the east side of Neddick Avenue and is zoned Residential Single Family 7 (RS-7) as shown in Attachment B. The project site is an approximately 7,840 square-foot lot and is generally flat. The project site is surrounded by single-family residences in the RS-7 zone. The property owner has applied for a Variance to allow for the Structure to observe an approximate 3-foot rear yard setback and a 2-foot, 6-inch interior side yard setback for structures above 8 feet in height and exceeding a projected roof area of 120 square feet. The Structure has a projected roof area of 156 square feet and a height of 9 feet. The Structure does not require a building permit, but does require a Variance because of the setback requirement for structures exceeding 8 feet in height and exceeding a projected roof area of 120 square feet. The required setbacks are 5 feet from the rear and side property lines. The applicant recently applied for a Minor Development Review Application (MDRA) to construct an approximate 930 square-foot addition to the existing single-family residence on the site. During the MDRA review process, staff became aware of the Structure which does not meet the above-described setbacks. The applicant constructed the building without knowing that a minimum 5-foot setback is required. The applicant's explanation for the Variance request is included as Attachment C. 1 of 10 October 5, 2021, Item #9The site and elevation plans submitted with the Variance application are included as Attachment D and E. The architecture is compatible with surrounding single-family residential uses. Section 17.50.070 of the Poway Municipal Code (PMC) contains a provision whereby the City Council can allow a Variance from the terms of the Zoning Code because of special circumstances applicable to the property, which makes the strict application of the Code burdensome and restricts property rights that are enjoyed by others in the surrounding neighborhood. There are two mature trees that are preserved as a result of the current location of the Structure. The General Plan states that "significant existing natural resources shall be incorporated into the design of new projects rather than removed. These shall include, but are not limited to, large mature trees ... " Three other General Plan policies also reiterate that existing mature trees should be retained, when feasible. Furthermore, many of the surrounding properties have nonconforming sheds similar in size to the proposed Structure. A Variance may be granted only when the City Council determines that the granting of such a Variance will not be contrary to the title and purpose of Chapter 17.50 of the PMC, and that other required findings for granting a Variance can be made. Staff supports the request to allow the Structure to observe reduced setbacks as requested. The required findings to grant the Variance can be found in the attached Resolution. Environmental Review: The project is Categorically Exempt from the California Environmental Quality Act (CEQA) as Class 3 Categorical Exemption, Section 15303(e), in that the project involves a Variance to construct a small accessory structure. Fiscal Impact: None. Public Notification: A Notice of Public Hearing was published in the Poway New Chieftain on September 23, 2021. A public notice was mailed to property owners and occupants located within 500 feet of the project site. A Notice of Pending Development Application was posted at the subject property. Attachments: A. Resolution B. Zoning and Map location C. Applicant's Letter D. Site Plan E. Elevation Plan Reviewed/ Approved By: Assistant City Manager 2 of 10 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager October 5, 2021, Item #9RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING VARIANCE 21-002 TO ALLOW A NON-HABITABLE STRUCTURE TO OBSERVE A REDUCED REAR AND SIDE YARD SETBACK; ASSESSOR'S PARCEL NUMBER 323-122-08 WHEREAS, Variance (VAR) 21-002, submitted by Mark Supanchick, applicant, and Mark and Mary Supanchick, property owners, requests approval to allow a non-habitable accessory structure located at 13409 Neddick Avenue in the Residential Single Family 7 (RS-7) zone, to observe an approximate 3-foot rear yard setback and a 2-foot, 6-inch interior side yard setback when 5 feet is required for structures exceeding 8 feet in height and exceeding 120 square feet in roof area; WHEREAS, on October 5, 2021, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this application; WHEREAS, the site and elevation plans for this Variance request are stamped as "Exhibit A" and dated October 5, 2021 on file in the Development Services Department and are included in the Agenda Report for this matter; WHEREAS, the City Council has read and considered the agenda report for the proposed Variance request and has considered other evidence presented at the public hearing; and WHEREAS, Section 17.50.070 of the Poway Municipal Code (PMC) establishes findings required for granting a Variance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The project is Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 3 Categorical Exemption pursuant to Section 15303(e) of the CEQA Guidelines, in that the project involves a Variance to construct a small accessory structure. SECTION 2: The findings, in accordance with Section 17 .50.070 of the PMC, to approve VAR 21-002, are made as follows: A. 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 development ordinance deprives the property of privileges enjoyed by other properties in the vicinity under identical zoning classification in that the there are two mature trees that are preserved as a result of the current location of the non-habitable accessory structure. The structure was built several years ago, 9 feet high, and approximately 3 feet from the rear property line and 2-foot, 6-inches from the interior side property line. Since the structure has a projected roof area over 120-square feet and is above 8 feet in height, the rear yard and the interior side yard setbacks are a minimum of 5 feet. The General Plan Community Development Element Policy B.11 states that "significant existing natural resources shall be incorporated into the design of new projects rather than removed. These shall include, but are not limited to, large mature trees ... " Furthermore, Policies B.17, C.6, and C.23 also reiterate that existing mature trees should 3 of 10 ATTACHMENT A October 5, 2021, Item #9be retained, when feasible, with new development. Resolution No. 21-Page 2 B. 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 many of the surrounding properties have nonconforming sheds similar in size to the proposed structure. C. 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 this is an ancillary permitted land use within the RS-7 zone that has minor deviations proposed to the development standards. Furthermore, the structure will not visually detract from the overall appearance of the single-family residential neighborhood in which the property is located in that the small and low-profile shed structure is similar in size or smaller than other non-habitable accessory structures permitted in the RS-7 zone. The shed has existed for several years and the City has received no complaints. D. 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 properties in the neighborhood and the RS-7 zone contain sheds and other non-habitable accessory structures similar to the subject shed in their relationship to property lines. E. The granting of this Variance does not allow a use or activity which is not otherwise expressly authorized by the zoning development regulation governing the property in that non-habitable accessory structures are commonly used with single-family residences in the RS-7 zone. F. The granting of the Variance or its modification will not be incompatible with the City General Plan in that the structure is designed as a low-profile small structure which will complement the overall neighborhood and serve the needs of the property owner, with negligible visual impacts. The shed is compatible with the design of the existing single-family residence and surrounding neighborhood and retains mature trees on the property. SECTION 3: The City Council hereby approves VAR 21-002 as shown on the site and elevation plans incorporated herein by reference and stamped as "Exhibit A" and dated October 5, 2021 on file in the Development Services Department, except as noted herein, subject to the following conditions: A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required 4 of 10 October 5, 2021, Item #9Resolution No. 21-Page 3 to pay or perform any settlement unless such settlement is approved by applicant. B. Approval of this Variance shall apply only to the subject project and shall not waive compliance with all other sections of the Zoning Ordinance and all other applicable City ordinances in effect at the time of Building Permit issuance. C. Within 30 days of the date of this approval the applicant shall submit in writing that all conditions of approval have been read and understood. D. The conditions of VAR 21-002 shall remain in effect for the life of the subject structure and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. E. Within 30 days of the date of this approval the property owner shall execute a Covenant Regarding Real Property indicating the detached non-habitable accessory structure shall never be used as habitable space; shall not have kitchen facilities, heating, or air conditioning; and the non-habitable structure shall never be rented or leased as a separate unit. F. The approximate 3-foot rear yard setback and 2-foot, 6-inch interior side yard setback approved with VAR 21-002 applies to the non-habitable accessory structure only as shown on the approved Exhibit A. SECTION 4: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 5th day of October, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 5 of 10 October 5, 2021, Item #9~ NORTH 6 of 10 I _____ z·····-··········-.'._J ' ---LU I----+--•• LU··-·-a:.'. z ~I~--+--LW ·································I f-----+--c::, _J 0 :::>--0 z CJ! -z <( LU _J "~----L _ ___:__,i, I _ __J__ GARDEN RD City of Poway z Zoning / Location Map Item: VAR21-002 125 250 500 .~~~-~~~~~. Feet ATTACHMENT B •·······························O .....J u i 0 LW October 5, 2021, Item #9NATURE OF VARIANCE Currently at the address 13409 Neddick Ave in Poway, California, we are attempting to file for a building permit to do a renovation and addition to the house. Followed by filing for a permit to add an in ground swimming pool. It was necessary to do an MORA first and we have done that. The hold up now is an existing shed on the property. When I constructed the shed 3 years ago, I thought I built it under 120 sq. ft. so not permit would be required. I made the shed a few inches under 1 O' x 12' on the inside thinking it was less than 120 sq. ft. so I would be good. I did not know at the time that the 120 sq. ft. was measured at the roof edge. As a job, I provide city permit sets for commercial and residential construction and am use to dealing with useable interior square footage, so, it never crossed my mind to think otherwise. It was not until we did the MORA that I was made aware the measurement was at the roof lines. The reason the shed was placed in it's current location was in the anticipation of the future improvements that would be taking place. (i.e. the addition to the house and the addition of the pool.) In order to make room for these things and keep from killing off a 20 year old palm tree in the yard as well as a 20+ year old orange tree, the shed had to be placed close to the fence line. The shed is very well constructed and follows house construction building standards. It is not some cheaply made shed from a building supply store. End total cost on this shed was slightly more than $4000.00 and will easily be around as long as the house. For these afore mentioned facts, I do not want to relocate or alter the sheds construction. The shed can only be readily seen from three properties that adjoin mine. The house at 14404 Springvale, the house at 14416 Springvale and the house at 13410 Standish. The shed was existing when the new owners of the two houses on Springvale bought their properties. The house at 14416 Springvale has a pool and a shed. The house at 13415 Neddick also has a pool and a shed. The house at 13410 Standish has two sheds. The shed is aesthetically pleasing and none of my neighbors have had any complaints about it. In fact is has actually improved the property and the look and feel in the neighborhood. Once we have 7 of 10 ATTACHMENT C October 5, 2021, Item #9the addition completed and the pool installed, additions will raise the value of this property significantly, and in fact be improving the over all value of the neighborhood and Poway in general. My house is not in an HOA, but if it were, the neighborhood standard would be set by this house when it is completed. Increased property value equates to more tax revenue to the city, so this will be a win/win senario. I urge you to take these things into consideration when reviewing for this variance. As you are aware just filing for this variance is costing over $1000.00. This is money that is coming unexpectedly from my renovation budget, and times are already tough enough. Thank you. Mark Supanchick 8 of 10 October 5, 2021, Item #9\.0 0 -ti ...ll. 0 )> -t -t )> n ::c s: m 2 -t C z m 0 0 0 ;:,:; ~ m 111~TALL BlOCKWAll Bi ~ll EXISTINGSfD ONE STORY ~ 1'25S0.FT. ril r---;::o /" ' :;! ,-z m ---J O:! EXISTING METAL SHED TO IE REMOVED AT C0'-91...ETtoN OF CONSTRUCTION. SHED WILL ~~t~~~~~~~6~0RAGE I ~ ~ ~ ~ ~ ~ Q'i!!!) ~ PROPERTY LINE 1nn• AREA OF vAAlANCE w:>OOEN SHED ROOF AREA IS 15e.3SO. FT. TO REMAIN. -a ;::o 0 -a m ~ ,-z m ---J O:! EXISTINGlfTALL VIOODFENCE EXJSTING6"TALL V.OOOFENCE ~ OIRECTIONOfFLOW ~FIBERROlLS(S0-1) C::X:::X::::X:: GRA\IELBAGS(SD-8) ~ MATERIAL STORAGE ~ S01.JDWI.STEMANAGEMENT ~ CONCRETE \N'A.STE MANAGEMENT ~ SANITARY'IN'A.STEMANAGEfrENT ~:~~~~=N =6eo;'°"TION. 1,r"'-ADE ~~it\~jf~ ~ AREAOFVARIANCE .N w+, s SITE PLAN 5G~E: 1"•10'-0" z j D. w I-;; T-I a. tn ~ ~ ~ --~ ~~ H ~U) □i ill: u w~ :C ::,0 U zSlg z w <{ CX) f ~-0:::, ~~~ Cl) ~o;;; ► 0 U.N ill: 0 :J M ,C ~c3...'.. :IE a>>'~ Cl 0:5( <ll Z ~ ~ ,c ~o ill: 0.. 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