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Item 9 - VAR 86-05 - Steven and Karen Carlson!!tIGENDA REPORT � CITY OF PO AY i too TO;: Honorable Mayor `and Members of the City Council FROM. James .. Dowersox, City Man . INITINrED BY: W., Touw,,: Reba Director of Planning s, .annin, Sery ce DATE: November 18, 19,86 SUBJECT-: Variance. 86-05 - Steven and Karen Carlson, Applicants: A request to reduce the-requiredfront: yard setback from 25 feet to 21 f eet, 6 . inches: to allow the construction,. of a one -car garage addition. to an 'existing single-family home -located �at 129,1.5 } Dorathea Terrace in the: RS -7 (Residential Single Family)- zone., APN: 316-140-22 ABSTRACT PROJECT .P=LANNER: Kris. Hughs, Assistant Planner PARCEL -SIZE: 10x000 square feet GENERAL FLAN DESIGNATION: Residential Single Family ZONING*-, Residential Single ,Family 7 SURROUNDING DESIGNATIONS:. (See Attachment 2) - RELATED- CASES.:: None CORRESPONDENCE 7E ECEIVED .; None ENVIRONMENTAL RECOMMENDATION: Categorically Exempt, Class 5 E f - S AFF RE .OMMENDATION: Approve subj'ectta conditi:ons . AV• i.ION f NOV 1 1996 ITEM, 1 OF 9 Agenda Report November7 18, 1,986 Page 2 BACKGROUND A. Project Description: This application is a request. for a one-- and ane: -half -foot reduc- tion, in the 25. -foot front yard setback required in. the RS -7 zone. The proposed project is: a 291 -square foot:, one -car 'garage addition to an existing single-family dwelling. The. addition would. be used for parking. The: subject property is Located at 129.15 Dorathea, Terrace and: is described as Lot 77 of Poway Portals;,: Unit 2:, Map. leo. 64.07.. The - lot contains, approximately 10,.,0G square feet and is developed, with a single-family home and attached -two -car garage which were built %n the early 1970fs. County zoning regulations in. effect for the: RS -7 zone at the time the house was constructed required a minimum setback of 50 feet-from.thel centerl.i ae of the street.. Under the original zoning designation the proposed addition would have met setback requirements. Dorathea Terrace is a curving street which slopes; down in a' southwesterly direction.. Lots. in the block have been terraced to create. level building pads:. The subject Sot is: approximately 'ten feet higher in elevation than the lot adjacent to .the: crest.. The street terminates just: east of the site- and the: property adjacent: .` to the east is undeveloped. Many of the homes: in the: s;urroudinq subdivision do- not meet, current setback standards as the development was built. under County zoning regulations., Fi-ve o -f the seven. homes on Dorathea Terrace do not observe the required 25 -foot front: yard setback.. A variance similar to the- current, request. was granted by the Council on.September 3, 1985., Variance 85-05 permitted the construction of a garage addition observing a 23 -foot -front yard., setback where a 30 -foot front yard setback was 'required. at 13633 Del PonienteRoad in the RS -2 zone. B.. Environmental Review The application is exempt from` environmental review under the, pro. visions- of the California. Environmental. Quality Act and: the, City of Poway Procedures to Implement CEQA. A Categorical Exemption... Class 5 may be issued. Class NOV 18 1986 ITEM; 2OF9. Agenda Report November 18, 1986 Page 3 C. Correspondence Notice of this project has been sent to all property owners within a 500 foot radius of the subject lot and has been published in the Poway News Chieftain. The applicant has obtained signatures from. 47 residents in the vicinity supporting 'the proposed additionand variance (see Attachment 4). FINDINGS The findings necessary for granting a variance can be made for the proposed Project- There are special circumstances applicable to this property and the strict application of the Zoning Development Ordinance would deprive the property of privileges enjoyed by other properties in the vicinity. The special circumstancesconsist of the topography of the lot, the siting of the existing structure, and the pattern . of the surrounding development The granting of this, variance will allow the appli- cant to extend the line of the existing house and construct an addition which is architecturally consistent with the existing house and with other homes in the surrounding subdivision. The addition will be located on an area which is from two to five feethigher than the adjacent street and approximately ten feethigher than the lot to the west. Given this grade separation, the curve of Dorothea. Terrace, and the minimal nature of the encroachment (one andone-half foot), the deviation should not be very noticeable. Granting the variance will not be detrimental to public health, safety, or welfare, nor will the variance constitute a special privilege, as many other properties in the neighborhood contain structures which encroach into the required front yard setback. RECOMMENDATION Itis recommended that the City Council approve Variance 86-05 sub- ject to conditions contained in the attached resolution. JLB;RWT:KAR::pn Attachments: 1. Proposed Resolution 2. Zoning Map 3. Site. Plan 4. signature Sheets 3OF9 NOV 18 1986 ITEM 9 1 RESOLUTION NO. P- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING VARIANCE 86-05, ASSESSOR'S PARCEL NUMBER 316-140-22' WHEREAS,, Variance 86-05:, submitted by Steven John Carlson, applicant, requests a one and one-half foot reduction of the required -foot front yard. setback of the RS�-7 zone to. allow the -25 construction of a garage addition. to the existing; residence at 12915 Dorathea. Terrace, in the RS -7 (Residential Single Family 7), zone ;and WHEREAS, on November 1:8, 1 86,: the City Council held a duly advertised public hearing to solicit comments from.the public,,a both, pro and: con,, relative to this application. , NOW, THEREFORE, the City Council does hereby resolve: as follows: Section 1. Findings: l.. There are special, circ.ums.tance's 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 'enj.oyed by-, other properties in the ui:cinity under identical zoning- r classifications, r'. The special circumstances consist of the topography of the is lob, the siting of the existing house and the: pattern of surrounding development. r: 2. Granting the variance: or its: modi.f ication 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 F sought in that other properties contain suitable buildable areas for expansion.: Granting of the variance. will. allow the applicant to: expandthe existing garage in a logically situated, area which can accommodate vehicular access. Many other homes in the vicinity contain structures which encroach into -the front. yard: to a greater degree than the proposed. addition. 3 , Granting the variance -or i.ts modif kation will'no be materially detrimental to the public health., safety or welfare, or injurious to the property or improvements in such vicinity and zonee in which the property islocated. Because of the minimal size. of the encroachment, there will be no detrimental impact on public safety or welfare, and: the modification will not be injurious to other pro- perty in the vicinity. 40F9 NOV 18 1986 tT E M Resolution No. P- Page 2 4. The granting of this variance does not constitute a spe_ cal privilege inconsistent with the limitations upon other properties, in the vicinity and zone in which. such: property Is' situated.. The variance willnot constitute a specialprivilege. rivile e. as _ many other properties encroach into the front yard setback, at the present time... 5.. The granting of this variance does`not not allow a.usee or activity which is not otherwise- expres'sTy author zed by the zoning regulation governing the parcel, of property. The; proposed construction of a. garage addition is an expansion of a use which is permitted by the RS-7zone. 6 ; That granting, the variance or its modification will not be incompatible with. - the City of. Poway General Plan,` Dkue to the minor nature- of the variance requested no., adverse impact` on the. General Plan is anticipated - Section. 2: City Council Decision: The City Counc.i,l. hereby finds that Variance 86-05 is approved, subject to the followingt conditions L. Construction finishes: of, 'neer garage structure shall be architecturally -compatible, with existing home; and 2. The existing curb cut which provides. vehicular acc.es to the: lot; shall not be widened.. APPROVED and ADOPTED by the City Council of the City of Poway,: State of California, this 18th day of November, 1986. IL Carl Kruse., Mayor ATTEST:- v Marjorie K. Wahlsten, City Clerk NOV l g 1986 ITEM 5 of 9 6 aF 9 NOV la 1986. ! T E i' V131.1 9861 SI Au Subject:. Room a, ton Location:. 12915 Dorathea.Terrace Poway,, CA, 92064 Parcel no: 316-140-22- 16-14022The Theroom addition will consist of a. one story garage, extending, from the , existing garage, westward towards my property line.. The. addition. will :Y enlarge myexisting: two car garage to a full. size-,, twos and a half car- garage,and will be built and ponstructed of like materials of existing ;s r structure., It seems. the. City of Poway,; since breaking away from the. County,, has changed the point from which. the front .yard set back: is measured., since the: time most of our, homes were: built.. The City now requires. a distance of 25 feet for all front - yard set backs. My proposed addition measures ' f 23 feet,, 6 inches- front set back,which is 1. foot,. 6 inches short of the required distance.: In order to: build,.I will need a Zoning Variation from the City of Poway to comply with all zoning requirements'.- We, the. undersigned:, support the proposed room. addition 1and. do not -find it 4trimental to the public health;,: safety,, or welfare, or injurious to to theproperty or improvements in: the vicinity and, zone.: 130. E } v I4., 1 4 . f.p�� • 5. 17.. ct�rts 6. 7. S.. 20'...' 2'. poll IK 167 � 22. 1.. 1 23. ITEM, R V' T !i Et 8 OF 9 �.. _.... KOV 1:9 10 ITEC t Subject: Room additio: Location: 12915 Dorathea Terrace Poway, CA 92064 Parcel no: 316-140-22 The room addition will consist of a one story garage, extending from the existing garage, westward towards my property line The addition will enlarge my existing; two car garage to a full size, two and a half car garage, and will be built and constructed of like materials of existing structure. It seems the City of Poway, since breaking away from the County, has changed the- point from which the front yard set back is measured, since the time most of our homes were built. The City now requires a distance of 25 feet for all front yard set backs. My proposed addition measures. 23 feet, 6 inches front set back, which is I foot, 6 inches short of the required. distance. In order to build,I will need a Zoning Variation from the City of Poway to comply with all zoning requirements Ile, undersigned, support the proposed room addition, and do not find it detrimental to the public health, safety, or welfare, or injurious to to the property or improvements in the vicinity and zone. 2. 3. 6; 3 , sriP /< . tp 4 S'. li , rar 9 F9 ad 17 18. 19. 20 21. 22. /zei tifirir 1 ..... . • . •••..• - ....--..-..••••---•••. ITEM Vivbfivcr TITLE : 6Ttt ,5t/" NOV 18 1986 ITE f ATTACHMENT `'