Item 8 - VAR 93-09 Martin Hall
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AGENDA REPORT SUMMARY
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'&'0: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Manager 0)+
INITIATED BY: Reba Wright-Quastler, Director of Planning SerVice~~
DATE: August 31, 1993
SUBJECT: Variance 93-09, Martin Hall, Applicant
ABSTRACT
A request for a variance to allow a swimming pool to observe a five and one-half foot
street side yard setback when the zone requires a twenty foot setback. The property is
located at 16269 Rostrata Hill Road within the Rural Residential-C (RR-C) zone.
ENVIRONMENTAL REVIEW
This project is exempt from the provision of the CEQA as it proposes a minor alteration
to land use limitations. A Class 5 categorical exemption may be issued.
t<'ISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Public notice was published in the Poway News Chieftain and mailed to property owners
within 500 feet of the project area.
RECOMMENDATION
.'!
It is recommended that the City Council approve Variance 93-09 subject to the conditions I
contained in the attached proposed resolution.
ACTION
II
1 OF 8 AUS 3 1 1993 ITEM 8
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~ AGENDA REPORT
CITY OF POW A Y
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Manager ~.y~ ~
INITIATED BY: Reba Wright-Quastler, Director of Planning Services~
Carol M. Rosas, Assistant Planner II
DATE: August 31, 1993
MANDATORY
ACTION DATE: September 18, 1993
SUBJECT: Envi ronmenta 1 Assessment and Variance 93 09. Martin
Hall. Aoolicant: A request for a variance to allow a
swimming pool to observe a five and one-half foot street
side yard setback when the zone requires a twenty foot
setback. The property is located at 16269 Rostrata Hill
Road within the Rural Residential- C ( RR-C) zone.
APN 275-720-34
BACKGROUND
Section 17.50 of the Poway Municipal Code makes a provision whereby the City
Council can allow a variance from the terms of the Zoning Ordinance because of
special circumstances applicable to the property which make the strict
application of the Code overly burdensome.
The app 1 i cant is requesting a setback variance to allow a swimming pool to
observe a five and one-half foot street side yard setback when the RR-C zone
requires a twenty foot setback.
FINDINGS
The findings required to support approval of the requested variance can be made
and are based on the fact that the net area of the subject lot is less than the
one net acre minimum lot size required in the RR-C zone. The subject lot is
approximately 1.2 gross acres or 52,272 square feet in size. Approximately
15,500 square feet of the property is encumbered by a private road easement
(Rostrata Hill Road). The net area of the lot therefore is 36,722 square feet
or 0.84 of an acre. The substandard size of the property makes it difficult to
develop the site in compliance with the required setbacks of the RR-C zone.
ACTION: I
J
2 OF 8 ~UG . d
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Agenda Report
August 31, 1993
Page 2
As previously mentioned, Rostrata Hill Road is a private road easement and
currently services only a few lots beyond the subject property. Presently,
1 ittle traffic uses Rostrata Hill Road. It is unlikely that traffic will
increase significantly in the future. Therefore the proximity of the pool to the
road easement should have little impact.
ENVIRONMENTAL REVIEW
This project is exempt from the provision of the California Environmental Quality
Act as it proposes a minor alteration to land use limitations. A Cl ass 5
categorical exemption may be issued.
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Public notice was published in the Powav News Chieftain and ma il ed to 34
property owners in the project area.
RECOMMENDATION
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It is recommended that the City Council approve Variance 93-09 subject to the
conditions contained in the attached proposed resolution.
JLB: RWQ:CMR:jms
Attachments:
A. Proposed Resolution
B. Zoning and Location Map
C. Proposed Site Plan
3 OF 8 AilG 31 1993 ITEM 8
RESOLUTION NO. P-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 93-09
ASSESSOR'S PARCEL NUMBER 275-720-34
WHEREAS, Variance 93-09 submitted by Martin Hall, applicant, requests a
variance approval to allow a swimming pool to observe a five and one-half foot
street side yard setback when a 20 foot setback is required at 16269 Rostrata
Hill Road within the RR-C zone; and
WHEREAS, on August 31, 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 Variance 93-09 is exempt from the provisions
of the California Environmental Quality Act, Categorical Exemption Class
5 as the project is a minor alteration to land use limitations (Class 5).
Section 2: Findinos:
Variance 93-09
1. The proposed project is consistent with the general plan in that it
proposes the construction of a swimming pool which is permitted as
an accessory use 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 speci a 1 circumstances include the fact that the lot is
substandard in size. The small size of the lot makes. it difficult
to site the pool so that it will observe the standard setback of the
zone.
3. That granting the variance or its modification is necessary for the
preservation and enjoyment of a substantial property ri9ht 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 swimming pool
on subject property. The proposed development is consistent with
how other property in the area has been developed.
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 which the property is located.
4 OF 8 AUG 3 1 1993 ITEM 8
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Resolution No. P-
Page 2
The proposed encroachment will not have a negative impact due to the
fact that Rostrata Hill Road is a private road and services only a
few lots beyond the subject site. In addition the swimming pool
observes a 20 foot setback from the paved portion of the road.
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 other variances for side yard setbacks
have been granted for substandard sized properties within the Green
Valley Highlands area.
6. That the granting of this variance does not allow the 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 swimming pool, which is an
allowed accessory use in a residential zoned property.
Section 3: Citv Council Decision:
The City Council hereby approves Variance 93-09 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.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
1. The site shall be developed in accordance with the approved site plan and
elevations on file in the Planning Services Department.
2. All new utilities shall be installed underground. Please contact SDG&E
Planning Division at 480-7617. Completion of undergrounding shall be
prior to issuance of a Certificate of Occupancy.
3. Water and sewer, systems plans shall be designed and constructed to meet
requirements of City of Poway
4. The appropriate building department approval shall be obtained prior to
the construction of the pool
5. This permit shall become null and void on August 31, 1995 if building
permits have not been issued.
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AUG 3 1 1993 ITEM 8
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Resolution No. P-
Page 3
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 31st day of August 1993.
Don Higginson, Mayor
ATTEST:
Marjorie K. Wahlsten, City Clerk
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 , 1993 and that it was so adopted
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Marjorie K. Wahlsten, City Clerk
City of Poway
REPORT\VAR9309.RES
AUG 31 1993 ITEM 8
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CITY OF POW A Y ITEM: VARIANCE 93-09
ZONING AND
LOCATION MAP
@ SCALE, TITLE :
NONE ATTACHMENT: B
7 OF 8 AUG 31 1993 ITEM 8
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06/16/1993 16:26 FROM MISSION U~LLEY POOLS TO 679743::: . .1(.11.
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