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Item 19 - VAR 93-04 MDR 93-04 J. Ingraham Clark AGENDA REPORT SUMMARY �' TO: Honorable Mayor and Members of the City Council � �-� FROM: James L. Bowersox, City Man� �D7N6 IIVITIATED BY: Reba Wright-Quastler, DirecSor of Planning ,�.f' � Mari�o Van Dyke, Associate Planner DATE: April 13, 1993 SiJBJECi'; �Varlance 93-04 and Minor Development Review 93-04, J. Ingraham Clark, Applicant. ABSTRACT The applicant is requesting the approval of a five foot front yard setback variance to permit the construction of a new 3612 square foot home on a one-half acre lot located at 17324 Tam 0'Shanter Drive. Findings for justification of a variance can be made concerning the irregular shape and topography of the lot, its orientation to the street, and the limitation on buildable area imposed by the public aqueduct easement. ENVIRONMENTAL REVIEYi' Project is exempt under CEQA Class 3 as it is the construction of a single-family dwelling. FISGAL IMPACf An incremental increase in property tax assessment. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE Notice of the public hearing has been sent to 18 property owners within 500 feet of the project boundary. RECOMMENDATION It is recommended that City Council approve Variance 93-04 and Minor Development Review 93-04 subject to the conditions contained in the proposed resolution. AGTION 1 of 10 ppR 13 1993 ITEM '� AGENDA REPORT ��T WqY CITY OF POWAY T � y�CM IN TME C�V�� . T0: Honarable Mayor and Members of the City Council FROM: James L. Bowersox, City Manager INITIATED BY: Reba Wright-Quastler, Director of Planning Services'I��' Marijo Van Dyke, Associate Planner DATE: April 13, 1993 MANDATORY ACTION DATE: May 4, 1993 SUBJECT: Variance 93-04 and Minor Develooment Review 93-04. J. In4raham Clark. Auplicant: A request to permit a five-foot encroachment into the front yard for the.construction of a new single-family home at 17324 Tam 0'Shanter Drive in the RS-4 zone. APN: 273-144-01 BACKGROUND On February 16, 1993 the applicant submitted plans for a minor development review for the construction of a new custom home at the property described above. Upon an inspection of the plans it was determined that a portion of the home as drawn would encroach five feet into the required front yard setback of 25 feet measured from property line. After productive discussions with the applicant, it was determined that a setback variance could be legally supported. FINDINGS The subject property is one of the few remaining building lots within the StoneRid9e neighborhood. It is roughly triangular in shape, with the long side of a right triangle fronting Tam 0'Shanter Drive. This whole dimension of the lot requires the observation of the 25 foot front yard setback. In addition, the lot drops off toward the south and west at an approximately 18 percent slope. The applicant has developed a stepped house plan, with garage space and storage on the lower level in order to minimize grading. Still the design is constrained by the slope and the presence of the public aqueduct easement along the western side of the lot. The easement varies in width from 1 - 26 feet. ACTION: 2 of 10 �IN J Agenda Report April 13, 1993 Page 2 The home proposed for the subject lot contains an average amaunt of square footage for the neighborhood and is in all other ways compatible in appearance, exterior finishes and materials, and general quality of design. Only the front bedroom, with a width of 33 feet would encroach into the setback. The remainder of the 108 foot length of the home would observe the required setback. The required findings justifying the issuance of a variance can be made and are found in the attached proposed resolution. Physical burdens on the development of this property are present. F�VIRONMENTAL_REVIEW The proposed project is exempt from Environmental Review under Categorical Exemption Category 3 of the California Environmental Quality Act as it is a . single-family residence. FISCAL IMPACT Incremental increase in property tax assessment. " ADDITIONAI PUBLIG NOTIFICATION AND CORRESPONDENCE Public notice was published in the Poway News Chieftain and mailed to 18 property owners in the project area. RECOMMENDATION It is recommended that the City Council approve Variance 93-04 and Minor Development Review 93-04 subject to the conditions contained in the attached proposed resolution. JLB:RWQ:MVD:pcm Attachments: A. Proposed Resolution B. Zoning and Location Map C. Proposed Site Plan/Floor Plan D. Proposed Front Building Elevation REPOPT\VFR9304.FGN 3 of io qpR 13 1993 IT�N 9 RESOLUTION N0. P- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA , APPROVING VARIANCE 93-04 AND MINOR DEVELOPMENT REVIEW 93-04 ASSESSOR'S PARCEL NUMBER 273-144-01 WHEREAS, Variance 93-04 and Minor Development Review 93-04 submitted by J. Ingraham Clark, applicant, requests approval for construction of a 3612 square foot single-family home, part of which will observe a front yard setback of 20 feet when a 25 foot setback is required, for the property located at 17342 Tam 0'Shanter Drive in the RS-4 zone; and WHEREAS, on April 13, 1993, 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 Findinas: The City Council finds that this project is exempt from the provisions of the California Environmental Quality Act, Categorical Exemption Category 3, as it is the construction of a single-family dwelling. Section 2: Findinas: Variance 93-04 1. The proposed project will be consistent with the existing general plan in that it proposes the canstruction of a single-family residence on a site which is designated for residential use. 2. That there are special circumstances applicable to 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 classification. The special circumstances include the fact that the lot is irregular in both shape and topography, and that the lot is burdened on the west side by the presence of a public aqueduct easement. These factors taken together limit the applicant's ability to design a residence which meets standard setback requirements. 3. That 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 zoning for which the variance is sought. The variance will allow the applicant to construct a 3612 square foot residence which is in keeping with the size of other residences found in the vicinity. ATTACHMENT A 4 of �o aQ� 13 �s93 iTEM � Resolution No. P- _ Page 2 ° 4. That 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 whlch the property is located. The proposed encroachment will not have a negative impact due to the fact that only a portion (one-third) of the front elevation will project into the setback. The rest of the house observes the required setback. 5. That the granting of this variance does not constitute a special privilege inconsistent with the limitation upon other properties in the vicinity and zone in that portions of the StoneRidge area were built under County zoning standards, and do not observe a 25 foot setback. 6. That the granting of this variance does not allow a use or activity which is not otherwise expressly authorized by zoning development regulations governing the parcel or property in that the proposed project is the construction of a residential unit in the Residential Single Family 4 zone. Minor Develooment Review 93-04 - 1. That the proposed development is in conformance with the Poway General Plan in that the proposed use is single family residential . 2. That the proposed development will not have an adverse aesthetic health, safety, or architecturally related impact upon adjoining properties, in that the roofline, construction method, building materials, and elevatio�s will be compatible with surrounding properties. 3. That the proposed development is in compliance with the Zoning Ordinance, in that, with the granting of the variance, it complies with the property development standards of the RS-4 zone. 4. That the proposed development encourages the orderly and harmonious appearance of structures and property within the City, in that all surrounding properties are under the same zoning designations as the subject lot and are developed as single-family residences similar to the proposed project. Section 3• Citv Council Decision: The City Council hereby approves Variance 93-04 and Minor Development Review 93-04 subject to the following conditions: 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. s of lo .aPR 13 1993 IT�� 9 Resolution No. P- Page 3 COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES. 1. Site shalt be developed in accardance with the approved site plans on file in the Planning Services Department and the conditions contained herein. 2. Revised site plans and building elevations incorporating all conditions of approval shall be submitted to the Planning Services Department prior to issuance of building permits. 3. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of building permit issuance. 4. School impact fees shall be paid prior to building permit issuance. 5. Low flow plumbing fixtures are required in all new construction. 6. Self-9enerating water softeners are prohibited in accordance with Chapter 13.04 of the Municipal Code. 7. This approval shall become null and void April 13, 1995 if building permits have not been issued. COMPLIANCE NITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES. 1. A grading plan for the development of the property shall be submitted to the City's Engineering Services Department for review and approval prior to issuance of a grading permit and start of grading operation. Rough grading of the site must be completed and shall meet the City's Engineering Services inspector's approval prior to issuance of a building permit. 2. A right-of-way permit shall be obtained from the City's Engineering Services Department for any work to be done within the public street right-of-way or any City-held easement. Said work shall include, but is not to be limited to, construction of driveway approach, sewer lateral installation, water service line installation, street construction (including concrete curb, gutter, and sidewalk) . The permit shall be obtained prior to start of work. 3. The following development fees shall be paid prior to issuance of a building permit: Traffic Mitigation S 600 Park 52550 Drainage S 950 Water Service 56284 6 of 10 qpR 13 1993 ITEM J Resolution No. P- _ Page 4 COMPLIANCE WITN THE FOLLOWIN6 CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES. 1. Roof covering shall meet Class A fire retardant testing as specified in the Uniform Building Standards No. 32-7 for fire retardant roof covering materials, per City of Poway Ordinance No. 64. 2. Approved numbers or addresses shall be placed on the building in such a position as to be plainly visible and legible from the street fronting the property. Said numbers shall contrast with their background. Minimum height of address numbers shall be four inches. Address may be required at private driveway entrances. 3. Each chimney used in conjunction with any fireplace shall be maintained with a spark arrester. _ 4. The access roadway shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building. Where the access roadway/driveway cannot be provided, approved fire protection systems, including a residential fire sprinkler system shall be provided as required and approved by the chief. 5. A smoke detector is required in the basement at the base of the stairs which sounds an audible alarm in a�,], sleeping rooms. �ENERAL REQUIREMENTS AND APPROVALS A permit from the San Diego County Water Authority for any encroachment into the public aqueduct easement. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 13th day of April , 1993. Don Higginson, Mayor ATTEST: Mar�orie . a sten, ity er 7 of lo .'�PR 13 1993 IT�Jlf79' r�.�� ■ ,.;� _ . :�%► ;�:�- �r�� ����\ ,.�\I���► �II � I��;�����1j��� ��� ����1 � 1 � ��i� ' �'� �',,,'��� ��`���t��\ �����YYYYYy��� w ,,,' , ��.�������wu�. •I�.� 1 .- ��,�•✓• � ,� : lu�1'�I� ��; ��+� .v . , �V� • � L !� �nnumm�u�� � . ,�`Y��"�� �� . _ � ����i/► ����II� � 1 e: ��:�:.»..n �/1� � C � • ��•�� ��%':'��l�i•� : ; ;_..... _, ■ / �i/�.- • ,.�;. �. _ �:..y � � : ��'�� ~ ���� � � i � 1�.� . �uuunw�:�``.'��'��1 G � � � •C a . _`7���:Z • � '�� • ' _:'L�uu+Y'iI! 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