Res P-07-10
RESOLUTION NO. P-07-10
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE (VAR) 07-01
ASSESSOR'S PARCEL NUMBER 275-342-14
WHEREAS, Variance (VAR) 07-01; Jeff Reed, Owner: A request for a Variance
approval to allow a garage/home office building that is under construction at 13718
Sagewood Drive to observe a 25-foot front yard setback when a 40-foot setback is
required within the Rural Residential-C (RR-C) zone; and
WHEREAS, on March 13, 2007, 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 City Council finds that this 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 on a developed property.
Section 2: The findings, in accordance with Poway Municipal Code Section
17.50.050, to approve Variance 07-01 to allow a garage/home office building that is
under construction at 13718 Sagewood Drive to observe a 25-foot front yard setback
when a 40-foot setback is required within the Rural Residential-C (RR-C) zone as
shown on the site plan dated January 9,2007, 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 are that the property is adjacent to the
Sagewood Drive right-of-way (60-foot width) which is wider than what would
typically be required for a local semi-rural road (50' width); 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 other
residences in the area were developed prior to City incorporation pursuant to
former County standards which required a 30-foot front yard setback compared
to the 40-foot front yard setback that presently is required in the RR-C zone; and
C. Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that the structure will observe an adequate
41-foot setback from the paved portion of the Sagewood Drive right-of-way; and
Resolution No. P-07-10
Page 2
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 other residences in the area were developed prior to City incorporation and
observe a lesser front yard setback than the 40-feet required with the present
zoning and Variance 97-04 for a 3-car garage addition onto the residence located
at 13810 Sagewood Drive was approved for a similar setback request; and
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the Zoning Code because a detached accessory building is
permitted on a residentially developed property in the zone; and
F. That the proposed Variance will be compatible with the City's General Plan
because a detached accessory building is permitted on a residentially developed
property and does not result in a density increase.
Section 3: The City Council hereby approves Variance 07-01 to allow a garage/home
office building that is under construction at 13718 Sagewood Drive to observe a 25-foot
front yard setback when a 40-foot setback is required within the Rural Residential-C
(RR-C) zone as shown on the site plan dated January 9, 2007, subject to the following
conditions:
A Within 30 days of approval the applicant shall submit in writing that all conditions
of approval have been read and understood.
B. 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.
C. Within 30 days of the approval of Variance 07-01 the applicant shall submit a
revised site plan and obtain the necessary approvals and permits from the
Development Services - Building Division for the garage/home office building.
The revised site plan shall accurately delineate the Sagewood Drive and Orchard
Bend right-of-way, the subject property lines, identify required setbacks, and
existing and proposed improvements.
D. A deed covenant shall be recorded on the property that states that the detached
garage/home office space will never be converted into living space.
Section 5: The approval of Variance 07-01 shall expire on March 13. 2009. at 5:00
QJI1" unless construction or use of the property in reliance on this permit has
commenced prior to its expiration.
Resolution No. P-07-10
Page 3
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 13th day of March 2007.
ATTEST:
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify that the
foregoing Resolution No. P-07-10, was duly adopted by the City Council at a meeting of
said City Council held on the 13th day of March, 2007, and that it was so adopted by the
following vote:
AYES: BOYACK, HIGGINSON, CAFAGNA
NOES: EMERY, REXFORD
ABSENT: NONE
DISQUALIFIED: NONE
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City of Poway