Res P-06-63
RESOLUTION NO. P-06-63
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING A REVISION TO VARIANCE 05-08 AND
MINOR DEVELOPMENT REVIEW APPLICATION 05-26R
ASSESSOR'S PARCEL NUMBER 314-181-76
WHEREAS, on January 10, 2006, the Poway City Council approved Variance
(VAR) 05-08 and Minor Development Review Application (MDRA) 05-26, submitted by
Dennis and Karen Keena, for construction of a 2.172-square-foot. two-story, single-family
residence with an attached 655-square-foot garage, and for a reduction of all setbacks to
allow the garage and residence to encroach into the setbacks, on a vacant lot located at
the northwest corner of Aubrey Street and York Avenue, within the Rural Residential C
(RR-C) zone and the Old Poway Specific Plan area; and
WHEREAS, the applicants submitted a new site plan, floor plan and elevations for
a revised house design that were not part of the public notice; and
WHEREAS. the revised plans for a two-story Victorian design house totaling 2.850
square feet, with an attached 566-square-foot garage were shown electronically during
the public hearing as part of staff's oral presentation at the City Council meeting; and
WHEREAS, the City Council was supportive of the Victorian-style house because it
was more in keeping with the Old Poway Specific Plan design standards; and
WHEREAS. the new site plan shown to the City Council on January 10, 2006,
showed the house with a 25-foot front yard setback and a rear yard setback of 23.5 feet,
but the change in the setbacks was not changed in the approved Resolution; and
WHEREAS, the City Council approval pursuant to Resolution No. 06-01 allowed a
revised house design provided it did not extend beyond the building envelope approved
by the City Council; and
WHEREAS, when the new property owner came in for a Building Permit, the site
plan showed a four and a half foot decrease in the rear yard setback with the exception of
a ten-foot-wide projection at the rear of the house that showed a four-foot increase in the
rear yard setback; and
WHEREAS, a Building Permit was issued for a 2,850-square-foot, Victorian-design
house and attached 566-square-foot garage in September 2006; and
WHEREAS, the Building Permit was issued in error because the house did not
meet the setbacks and house design established pursuant to Resolution No. 06-01; and
WHEREAS, this is a request for a revision to Variance (VAR) 05-08 and Minor
Development Review Application (MDRA) 05-26 approved pursuant to Resolution No.
Resolution No. P-06-63
Page 2
06-01 on January 10. 2006, to allow a change to the approved rear yard setback of 25.5
feet to allow a 10-foot-wide portion of the house to extend an additional four feet into the
rear yard setback (21.5 foot setback), that the portion of the house to the east of the 10-
foot-wide projection maintain a setback of 25.5 feet, and the portion of the house to the
west of the 10-foot-wide projection maintain a 30-foot rear yard setback and to allow a
2,850-square-foot, two-story. single-family residence with an attached 566-square-foot
garage; and
WHEREAS, on December 19, 2006. 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, BE IT RESOLVED by the City Council of the City of Poway,
as follows:
Section 1: The project is Categorically Exempt from the California Environmental
Quality Act (CEQA), as a Class 5 Categorical Exemption, pursuant to Section 15305 of
the CEQA Guidelines, in that the project involves a minor alteration in land use limitations.
Section 2: The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code, to approve Variance 05-08R and Minor Development Review Application (MORA)
05-26R, to reduce the front yard setback from 50 feet to 27 feet, the street side yard
setback from 20 feet to 18.5 feet, the side yard setback from 20 feet to 13.25 feet and the
rear yard setback from 50 feet to 30 feet with the exception of a 10-foot-wide projection
along the rear of the house consisting of a nook on the first floor and master bath on the
second floor. which shall observe a 21.5-foot rear yard setback and the area to the east of
the 10-foot-wide projection which shall observe a 25.5-foot setback, and to allow a 2,850-
square-foot, two-story, single-family residence with an attached 566-square-foot garage
are made as follows:
A. That there are special circumstances applicable to the property, (size, shape,
topography, location or surroundings), and because of this, the strict application of
the zoning development ordinance deprives the property of privileges enjoyed by
other properties in the vicinity under identical zoning classification in that the
subject property is constrained by being substandard in size (approximately 8,500
square feet) for the RR-C zone, where the minimum lot size is one acre, and the
strict application of the RR-C setbacks would deprive the property owner of the
ability of constructing a single-family house, a privilege enjoyed by other properties
in the vicinity and under the same zone; and
B. That granting the Variance or its modification is necessary for the preservation and
enjoyment of a substantial property right possessed by other properties in the
same vicinity and zone and denied to the property for which the Variance is sought
in that the RR-C zoning designation was placed on other properties in the vicinity
that also do not meet the minimum 1-acre lot size requirement due to their location
Resolution No. P-06-63
Page 3
in the flood plain and they have been allowed to construct single-family homes;
and
C. 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 in that the setbacks are
compatible with the setbacks of the adjacent homes within the same zone and
there are adequate public services available in the area to serve the proposed
residence; and
D. That the granting of this Variance does not constitute a special privilege that is
inconsistent with the limitations upon other properties in the vicinity and zone in
that other nearby lots in the RR-C zone are at least one acre in size that allows
development of a single-family home; and,
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the RR-C zone because single-family homes are a permitted use in
this zone; 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 a revision to Variance 05-08 and Minor
Development Review Application 05-26, to allow a 2,850-square-foot, two-story, single-
family residence with an attached 566-square-foot garage, and to reduce the front yard
setback from 50 feet to 27 feet, the street side yard setback from 20 feet to 18.5 feet, the
side yard setback from 20 feet to 13.25 feet, and the rear yard setback from 50 feet to 30
feet with the exception of a 10-foot-wide projection along the rear of the house which shall
observe a 21.5-foot rear yard setback and the area to the east of the 10-foot-wide
projection which shall observe a 25.5-foot setback, as shown on the approved building
plans on file with the Building Division. The subject property is located at 13438 Aubrey
Street on the northwest corner of Aubrey Street and York Avenue, within the Rural
Residential C (RR-C) zone. The approval is subject to the following conditions:
A. Approval of this Variance and Minor Development Review Application shall apply
only to the subject project and shall not waive compliance with all other sections of
the Zoning Ordinance and all other applicable City Ordinances in effect at the time
of Building Permit issuance.
B. The conditions of Resolution No. 06-01 shall remain in full force and effect except
as modified by this approval.
Resolution No. P-06-63
Page 4
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, this 19th day of December 2006.
ATTEST:
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Sherrie D. Worrell, Deputy City Clerk
City of Poway
STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO )
I, Sherrie D. Worrell, Deputy City Clerk of the City of Poway, do hereby certify,
under the penalty of perjury, that the foregoing Resolution No. P-06-63 duly adopted by
the City Council at a meeting of said City Council held on the 19th day of December
2006, and that it was so adopted by the following vote:
AYES: EMERY. HIGGINSON, CAFAGNA
NOES: NONE
ABSENT: BOYACK, REXFORD
DISQUALIFIED: NONE
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Sherrie D. Worrell. Deputy City Clerk
City of Poway