Res P-07-48
RESOLUTION NO. P-07-48
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 07-11
ASSESSOR'S PARCEL NUMBER 273-124-09
WHEREAS, a request for Variance (VAR) 07-11 was submitted by Burton Israel
for approval to allow approximately 15.8 square feet of a 131-square-foot addition to
encroach 2.75 feet into the required 25-foot front yard setback. The addition will include
an expanded entry area and guest bathroom for an existing single-family residence.
The subject property is located at 17739 St. Andrews Drive, within the Residential
Single Family 4 (RS-4) zone; and
WHEREAS, on September 18, 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 proposed project is Categorically Exempt as a Class 5 Categorical
Exemption frorn the California Environmental Quality Act (CEQA), pursuant to Sections
15305 of the CEQA Guidelines, in that the project involves a minor alteration in land use
limitations on a developed single-family property.
Section 2: The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code, to approve Variance 07-11, a request for a reduction of the front yard setback to
allow the proposed living area addition to encroach into the front yard setback, are
made as follows:
A. That there are special circumstances applicable to the property in that the
existing house currently observes a legal nonconforming setback of 22.25 feet,
the proposed addition will not extend beyond the existing setback limits, and the
strict application of the Zoning Ordinance would deprive the property of privileges
enjoyed by other properties in the vicinity that do not have a legal nonconforming
setback; 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 zone and not afforded to the property for which the Variance is sought
because other homes were built under current zoning standards and could meet
the setback requirements with a similar addition.
C. Granting the Variance would not be materially detrimental to the public health,
safety or welfare in the vicinity in that the proposed addition will not extend
beyond the existing roofed area of the garage and entryway wall and will improve
Resolution No. P-07-48
Page 2
the appearance of the property. The proposed addition is approximately 100 feet
from the residence across St. Andrews Drive and will not detract from the
neighborhood; 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 the Variance will allow a living space addition to a single-family residence
that is allowable in this 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 residences are permitted 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 Variance 07-11, to allow approxirnately
15.8 square feet of a 131-square-foot addition to encroach 2.75 feet into the required
25-foot front yard setback, as shown on the plans dated July 16, 2007. The subject
property is a developed residential property located at 17739 St. Andrews Drive, within
the Residential Single Family 4 (RS-4) zone. The approval is subject to the following
conditions:
A. Approval of this Variance 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 Perrnit issuance.
B. Within 30 days of approval, the applicants shall submit in writing that all
conditions of approval have been read and understood.
C. The conditions of VAR 07-11 shall remain in effect for the life of the subject
residence and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner.
D. Prior to issuance of a Building Permit, the applicants shall comply with the
following conditions:
1. The site shall be developed in accordance with the approved site plan
floor plans and elevations on file dated July 16, 2007, in the Development
Services Department and the conditions contained herein. Grading shall
be in accordance with the Uniform Building Code, the City Grading
Ordinance, the approved grading plan, the approved soils report, and
grading practices acceptable to the City.
(Planning)
2. The addition shall be equipped with low-flow plumbing fixtures.
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3. The plans shall indicate the colors and materials for the addition and shall
match the existing house. Samples of the color and materials shall also
be provided for approval by the Director of Development Services.
4. Any fence or wall shall not exceed six feet. Any retaining walls proposed
shall be reflected on the grading or building plans, and shall be of
decorative block or stucco finish consistent with the exterior of the
proposed residence.
E. The applicant shall comply with the following prior to approval of occupancy:
(Engineering)
1. The property owner shall repair any and all damages to the streets caused
by construction activity from this project, to the satisfaction of the City
Engineer.
2. Any new utilities within the project site shall be installed underground.
3. The applicant shall request and receive a final inspection from the City.
Section 6: The approval of Variance 07-11 shall expire on September 18, 2009, at
5:00 p.m. unless the applicant and/or property owner obtains a Building Permit.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, this 18th day of September 2007.
ATTEST:
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Resolution No. P-07-48
Page 4
STATE OF CALIFORNIA )
}SS.
COUNTY OF SAN DIEGO }
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P-07-48 duly adopted by the City
Council at a meeting of said City Council held on the 18th day of September 2007, and
that it was so adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
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L. Diane Shea, City Clerk
City of Poway