Res P-02-55
RESOLUTION NO. P-02-55
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 02-08
ASSESSOR'S PARCEL NUMBER 317-710-01
WHEREAS, Variance 02-08, submitted by Richard Fragoso, requests approval of a
591-square-foot, attached addition to an existing single-family residence to observe an
18.5-foot front yard setback when a 25-foot front yard setback is required in the zone. The
subject property is located at 12524 McFeron Road in the Single-Family Residential-4 (RS-
4) Zone; and
WHEREAS, on September 17,2002, 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: The City Council finds that Variance 02-08 request is Categorically Exempt from
the provisions of the California Environmental Quality Act, pursuant to Section 15305,
Class 5, in that the proposed consists of a minor alteration to the front yard setback and
does not create a new parcel.
Section 2: The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code to approve Variance 02-08, to allow a maximum 18.5-fo.ot front yard setback rather
than the required 25-foot setback for a 591-square-foot, attached addition to an existing
single-family residence, located at 12524 McFeron Road in the Single-Family Residential-4
(RS-4) Zone, as shown on the site plan dated July 28, 2002, are made as follows:
A. 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 with the identical zoning classification.
The special circumstances include the fact the subject lot is triangular in shape, has
steep slopes, and approximately 40 percent of the lot area is located within the front
yard setback area; and,
B. Granting the Variance is necessary for the preservation and enjoyment of a
substantial property right enjoyed by other property owners in the same vicinity and
not afforded to the property for which the Variance is sought because of the
developable area on the approximately 10, 162-square-foot lot area is restricted by
slopes and the fact that approximately 4,000 square feet, or 40 percent of the lot
area, is located within the front yard setback; and,
C. Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that the proposed bedroom addition will be built
directly on top of and not extend beyond the existing garage which was built with a
Resolution No. P-02-55
Page 2
20-foot front yard setback consistent with zoning requirements at the time of the
construction of the home. Only the stairway to the upstairs bedroom and front porch
would encroach an additional 1.5 feet beyond (18.5 foot front yard setback) the
existing building envelope. However, the stairway and front porch would be located
away from the adjacent property to the north, and granting the Variance would not
constitute a special privilege inconsistent with other properties in the area since
other properties in the immediate vicinity have living areas above the garage and
front porches; and,
D. That the granting of this Variance does not constitute a special privilege that is
inconsistent with the limitation upon other properties in the vicinity and zone in that
residential additions above garages, stairways, and front porches have been
constructed on other lots in the Residential Single Family-4 Zone; and,
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the RS-4 Zone because single-family homes are a permitted use and
this is an additional to a single-family home; and
F. That the proposed Variance will be compatible with the City's General Plan because
the use is permitted and does not result in a density increase.
Section 3: The City Council hereby approves Variance 02-08, to allow a 591-square-foot,
attached addition to an existing single-family residence,located at 12524 McFeron Road in
the Single-Family Residential-4 (RS-4) Zone, to observe a maximum 18.5-foot front yard
setback rather than the required 25-foot setback (as reflected on plans dated July 28,
2002), subject to the following conditions:
A. 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 ordinances in effect at the time of Building Permit issuance.
B. Within 30 days of approval the applicant shall submit in writing that all conditions of
approval have been read and understood.
C. The Variance granted by this approval shall not be conducted in such a manner as
to interfere with the reasonable use and enjoyment of surrounding residential uses.
D. The applicant shall comply with the Uniform Building Code and shall obtain a
Building Permit consistent with the approved Variance plans dated July 28, 2002
prior to construction.
E. Prior to issuance of a Building Permit, the applicant shall depict the exterior building
materials for the garage expansion and roof consistent in color, type, and texture
with the exterior material on the existing residence and garage, to the satisfaction of
the Director of Development Services.
Resolution No. P- 02-55
Page 3
F. During construction, the applicant shall protect in place all street lighting facilities
adjacent to the project to the satisfaction of the Director of Public Works.
Section 4: The approval of Variance 02-08 shall expire on September 17, 2004 unless the
applicant and/or property owner applies for and obtains approval of a Minor Development
Review.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 17th day of September 2002.
~
ATTEST:
~~tLQ -Ro~
L.:o Anne Peoples, City lerk
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 pe~ury, that the foregoing Resolution No. P- 02-55 duly adopted by the City
Council at a meeting of said City Council held on the 17th day of September 2002, and that
it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE ð'ß1.1 ~ ~ ~/ L
[ori ;A.nne Peoples, City lerk
City of Poway