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'
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