Item 4 - VAR 86-02 - Arthur HandleyHonorable Mayor and Members of the City Council
'1,5S1
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INITIATED BY: Reba W. Touw, Director of Planning Servicesn�`
DATE: August 19, 1986
SUBJECT: Variance 86-02, Arthur Handley, Applicant: A request
to reduce the front and rear yard setbacks to 25 feet
and the side yard setback to 10 feet to accommodate
the relocation. of an existing single-family dwelling
onto the property located at 13115 Vista view Drive
in the RR -C (Rural Residential C) zone.
SURROUNDING DESIGNATIONS:
James H. Lyon,: ` Assistant Planner
.36 acres
Rural Residential. C`
-oi
Rural Residential C
(See -Attachment: 2)
None
None
Categorically Exempt from CEQA,
Class 5
Approve subject to conditions
Agenda Report
August l9r 1986
Page. 2
BACKGROUND
A. Project. Desc'ript.'i On
o.
The property development standards of the: Zoning; Development Code.
require. a 40-foot front yard setback.,: a 20-foot side. yard setback.,
and a 50-foot rear yard: setback. for build ings. -in the RR-C (Rural
Residential C) zone. This:application is. a request to reduce the
required. front and rear yard. setbacks: to 25: f:eet..and the side yard
setback. to 10feet.: This variance would allow, theapplicants?.-,
Mr and Mrs.. Arthur Handley, to relocate their existing s ngle-
family- residence° from, an adjacent, lot: to the north. The Handleya m,
who own the Franciscan: Inn, are proposing to- expand their motel.
Their existing residence, located behind the motel, mustbe. relo-
Gated to accommodate: the motel expansion.
The minimum lot size in the RR--C zone is, one: acne.. Rowever, the
subject parcel and. a majority of the surrounding lots to the. south.
and east was: previously subdivided, under the County of San Diego,
into 15,350-square-foot, or0'.36:-acre:,. lots;._ - The. property measures
82 feet. by 187 feet and. slopesi app.roximatesy four percent to the
south.. A. small stream. traverses the south property line.. Because.
of potential, flooding of the lot. from. this stream,, specific:
drainage improvements:, including the: channelization. of the: stream
and the creation of a, one--foot high, swale- around the, perimeter of 1
the: property, area required. These improvements: will reduce the
buildable area of the: lot to approximately- 12.,:0`40 square :'feet,
whish is. a. typical lot size ° for an RS-4 zone. The proposed set
backs-: are those, required in. they. RS-4 lone.. The imposition of the.
setback requirements for a standard one-acre RR-C lot on a. subs.tan-
reate a hardsh � that would deprive, the: property of
dard lot: would c p P
privileges enjoyed by, otherl properties; under the identical zoning
..
classification. A review,
of the, setbacks; for the single-fame y
re idences located south of: the parcel. indicate a majority of the
residences were constructed: with; setbacks less than those required
in the RR-C zone, with, several comparable to the setbacks of the:
proposed variance.;
B. Environmental Review
This application: is exempt from environmental.review- under the pro
visions of the California Environmental Quality Act and. the: City of
Poway Procedures to Implement CEQA., A •Categorical Exemption,,- Class.
- 5,: has been issued.
? OF
AUG 19' 1966- ff h Ott, 4.
Agenda Report -
August 19, 1986
Page: 3
C. Correspondence
Notice: of this project has: been sent to all property owners within
a. saw foot radius of the subject lot and has been. published in the
Poway News Chieftain.
FINDINGS:
The findings necessary for granting the required: variance can be
made for this project. There are special circumstances relating to
the property inthat the: lot is substantially smaller than current
development standards require in this zone. The imposition of the
RR -C zone building setbacks on a substandardlot, with, the
topographic constraints that occur as a result of the stream,
restrict the relocation or construction of a single-family resi-
dence.
Granting the, variance will -notbe detrimental to the public health,
safety, or welfare, nor will the variance be injurious to other
properties in the area.
RECOMMENDATION
it ' is recommended that the City Council. approve Variance 86-02 sub
ject, to conditions: steted. in the attached resolution. Approval of
this variance will grant the property owners relief from the deve-
lopment standards- of the RR -C. zone and allow the relocation of a
single -fancily residence onto the property.
JLB:RWT:JHL: am
Attachments:
1. Proposed, Resolution
2. Surrounding General Plan and, Zoning
3. Site plan. VAR 86-02
4. Supporti.ng Documentation from Applicant.
3 QF8 •
AUG 19 156 ITE
f
1
3
RESOLUTION NO.. P-
A RESOLUTION OF THE 'CITY COUNCIL
OF THE: CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 86-02.
ASSESSOR'S PARCEL NUMBER 323-261-0.7f _
a
WH 5-, Variance 86-02, submitted by Arthus Handley,: ` appli-
cant,- 'requests a reduction in the: required front and, rear, yar& I set-
backs to 25 feet and the required side yard setbacks to ten. feet to
accommodate the relocation.of an existing: single. -family residence -
esidencefar
for, the property located at 13115:. Vista View Drive, 'in the RR -=C
t (Rural Residential). zone:; and
WHEREAS•, on. August 1.9-,- 1986, the City Council held a. duly
advertised: public: hearing to solicit comments fromthe public:, both
pro- and con:,: relative: to this ' application
N.OWi THEREFORE',,the-City Council does: hereby_ resolve as
follows-.:
a
SECTION l:: Findings:
i
10. That there; , are special. circumstances applicable to the.
property, (s'ize., shape, topography,, location:, or
surroundings: l , or the: intended use of the: property,, and
because of this:, the strict app�licatioin o the zoning.*
Ordinance deprives: the property of ` privileges. enjoyed by
other properties,in. the vicinity under identical., zoning
*-f cations in that. the reduced lot size: and the: area
class 3.
required for on-site: drainage improvements-, limit they
,
s ite r s buildable. ar.ea.; .
2. That: granting the: variance,, or its modification,., will not.
z
be materially detr. imental to: tha .putblic health., safety or,
welfare , or injurious: to the property or improvements:. in
such, vicinity.- and zone in which the property` ,s located: in
that. other residences in the same: vicinity, have been
constructed using similar setback areas;
3. The granting o;f this variance; does, not constitute a:
mitations on
special, privilege: inconsistent with; the liup
other properties in the: vicinity and. zone: in which, such.
property, is .situated in. that other residences: in. the same
vicinity have been: constructed, using similar setback areas
_
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AUG 1986 1T
. 4 0F8-
Resp. _ration No.
Page 2
The granting of this variance does not allow a use or
activity which is not _otherwise expressly authorized by
the zoning regulation governing the parcel of property;
and
That the granting the variance or its modification will
not •be incompatible with the Poway City General Plan.
SECTION 2: City Council. Decision:
The City Council hereby finds that Variance 86-02 is approved
subject to the following conditions.
Within 30 days of approval,: the applicant shall _ submit in
writing that allconditions of approval have been, react
and understood.
Prior to relocationof the house the applicant must apply
for and receive approval of a minor development review.,
All -City required development fees shall be paid prior to
the ,issuance of a building permit for the building foun—
dation.
All grading anddrainage: improvements shall be completed
onor before October 15, 1986.
APPROVED and' ADOPTED by the City Council of the City of Poway,
State of California, this ` 19th day of August, 1986.
Carl R. Kruse, Mayor
AUG 19 ' 1;T E 4
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AUG 19 1986 ITE
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STATE ALL RELEVraT FACTS WHICH WILL SATISFY THE MOVE -LISTED FINDINGS
(A, B, C, D, E, FlFOR THE GING. OF` A VARIANCE..
Because of the locationand size of the ditch
running alongside the south side of the property, and
the grading required, the locationof the house which
we want to move onto the lot is restricted.
B. We feel the granting of the Variance does not in any
way detract from other houses in the area.. In fact,
itwould fit right in.
c. In no way will the requests on the Variance be detrimental
to thepublic healthy safety, or welfare, or be injurious
to the property.
D.
The granting of the Variance wouldnot constitute a special
Privilege inconsistentwith other property in the area.
E.
The property is being used in conformance with the
zoning for whichit was intended.
Granting of the Variance will, not be incompatible
with the Poway City General Plan.
August 12` 1986
Marjorie K.Wahlsten-, City Clerk
City of Poway
13325 Civic Center Drive
Poway,California 92064
RECEIVED .
AUG 13 1996
CflY OF POWAY
CITY CLERICS OFFICE
This letter is in response to your notice regarding the
application of Arthur Handley for a variance for yard
setbacks so he can relocate his home to the property at
13115 Vista View Drive, known as Variance #86-02.
This is to inform you that it meets with our approval,
and: would be an improvement to the neighborhood.
Sincerely,
'
John. Hamiter
mohd . Russ
AUG 19 1926
ITEM