Res P-01-27RESOLUTION NO. P- 01-27
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 01-06
ASSESSOR'S PARCEL NUMBER 314-315-01
WHEREAS, VAR 01-06, submitted by Scott and Denise Thompson, Applicants,
request a Variance to reduce the rear yard setback from five feet to four feet to allow the
expansion of an existing two-car garage to create an enclosed RV parking space for an
existing residence at 12211 Holland Road. Th ihin the Residential Single Family
(RS-7) Zone; and
WHEREAS, on May 22, 2001, the City Council held a duly advertised public hearing
to solicit comments from the public, both pro and con, relative to this application, and
NOW, THEREFORE, the City Council does hereby
follows:
Section 1: The City Council finds that Variance 01-06 is Categorically Exempt, Class
l(e) and Class 5, from the California E Iai Quality Act (CEQA) pursuant to
Sections 15301 and 15305, in that the proposed request is an addition to a single family
residence and the setback Variance is a minor alteration in land use.
Section 2: The findings, in accordance with Section 17.50.070 of the Poway Municipal
Code to approve a Variance for VAR 01-06, to reduce the rear yard setback from 5 feet to
4 feet for a garage expansion located at 12211 Holland Road, in the Residential Single
Family (RS-7) Zone, are made as follows:
The sit :1 by a narrow lot configuration which angles towards the rear
reducing the available usable rear yard and is encumbered by two street setbacks;
and,
Granting the Variance or its modification is necessary for the preservation and
enjoyment of a substantial property right possessed by other property owners in the
same vicinity and zoning for which the Variance is sought in that other properties
are able to expand into the rear yard without a Variance. The design, size, and
scale of the proposed garage expansion will be compatible with and will not
adversely affect, or be materially detrimental to adjacent uses, residents, buildings,
structures, or natural and,
The granting of the Variance would not be materially detrimental to the public
health, safety, or welfare since the nearest residence is located five feet higher and
over 35 feet away from the rear property line; and,
Resolution No. P-01-27
Page 2
Granting the V Id not constitute a special privileg 3 the
limitation upon other properties in the vicinity and zone in that expansions in rear
yards (without setback Variances) have been constructed; and,
Granting the V Id not consti! ' ty that' : with
surrounding proped' detached gara§ ¥ to the use of a single
family resid :with the General Plan land use. Therefore, there will
not be a harmful effect upon desirable neighborhood characteristics; and,
That the granting of this Variance does not constitute a special privilege that is
I with the I ;)on other properties in the vicinity and zone without
irregularly shaped lots in that residential additions (with setback Variances) have
been constructed on other lots in the Residential Single Family zone; and,
The proposed use will not be detrimental to the public health, safety or welfare, or
materially injurious to properties or improvements in the vicinity nor be contrary to
the adopted General Plan because it' 3/use to an existing residential
use and it would improve the aesthetics of the neighborhood by enclosing the RV
within a closed garage; and,
H. That the proposed Variance will comply with each of the applicable
Section 17.50.070 of the Poway Municipal Code.
Section 3: The City Council hereby approves VAR 01-06 to reduce the rear yard setback
from five feet to four feet for the expansion of an existing two-car garage for a single-family
residence (as reflected on plans dated March 9, 2001) at 12211 Holland Road in the
Residential Single Family (RS-7) Zone, subject to the following conditions:
Approval of this Variance request shall apply only to the subject project and shall
not waive compliance with all sections of the Zoning Ordinance and all other
applicable City ord' ~'ect at the time of building permit issuance.
Within 30 days of the date of this approval applicant shall submit in writing that all
conditions of approval have been read and understood;
The Variance granted by this approval shall not be conducted in such
to interfere with th 31e use and enjoyment of surrounding residential uses.
The applicant shall comply with the Uniform Building Code and shall obtain a
building permit prior to construction.
Prior 1' =a building permit, the applicant shall depict the exterior building
materials for the garage expansion and roof consistent in color, type and texture
Resolution No. P- Ol-Z7
Page 3
with th on the existing residence and garage, to th
the Director of Development Services.
Section 4: Variance 01-06 will expire on May 22, 2003, at 5:00 p.m., unless a building
permit has been issued and const this approval h i prior
to this date.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 22nd day of May 2001.
ATTEST:
Michael P. Cafagn~
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P- 01-27 , was duly adopted by the
City Council at a meeting of said City Council held on the 22nd day of May 2001, and that it
was so adopted by the following vote:
AYES:
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
City of Poway