Loading...
Res P-09-28 RESOLUTION NO. P-09-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA DENYING VARIANCE 08-10 ASSESSOR'S PARCEL NUMBER 275-232-18 WHEREAS, a request for Variance (VAR) 08-10 was submitted by Waldemar Willemse, Applicant, to construct a detached, two-story, two-car garage with an upstairs storage area with a 29-foot, 6-inch front yard setback where a 40-foot setback is required, on a developed, approximate 0.6-acre lot located at 12815 Stone Canyon Road, within the Rural Residential C (RR-C) zone; and WHEREAS, on August 4, 2009, the City Council considered the applicant's request, and continued the Public Hearing on the project to the City Council meeting of August 18, 2009; and WHEREAS, on August 18, 2009, the City Council considered the applicant's request, and continued the Public Hearing on the project to the City Council meeting of September 1, 2009; and WHEREAS, on September 1, 2009, 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 on a developed single-family property. Section 2: The findings, in accordance with Section 17.50.050 of the Poway Municipal Code (PMC), for V AR 08-10 to allow a 29-foot, 6-inch front yard setback for a detached garage where a 40-foot setback is required, cannot be made as follows: A. That the property exhibits sloping topography, an amount of rock, and a lot size similar to other properties in the immediate vicinity and in the identical zoning classification. The majority of the properties comply with the 40-foot front yard setback, and those that do not were constructed prior to application of the current Rural Residential C zoning and are considered legal nonconforming. Their legal nonconforming status is not justification for granting a front yard setback Variance for new development. Therefore, there are no unique or special circumstances applicable to the subject property, and because of this, the strict application of the Zoning Ordinance does not deprive the property of privileges ;\. Resolution No. P-09-28 Page 2 enjoyed by other properties in the vicinity under the identical zoning classification; and B. There is a location on the site outside of the required front yard building setback where the detached two-car garage can be constructed. Therefore, granting the Variance is not necessary for the preservation and enjoyment of a substantial property right enjoyed by other property owners, since a garage can be constructed on the site outside of the front yard building setback; and C. Granting the Variance will not be materially detrimental to the health, safety, and general welfare, or injurious to property and improvements in the vicinity in that the structure has been designed to comply with all building and construction standards; and D. Granting the Variance would constitute a special privilege that is inconsistent with the limitation upon other properties in the vicinity and zone in that other properties in the immediate vicinity in the identical zoning classification with similar topographical conditions and lot sizes have not received approval of Variances to reduce front yard setbacks for detached accessory structures; and E. Granting the Variance would not allow a use or activity not otherwise expressly authorized by the RR-C zone because, if constructed, a Deed Covenant would be required to ensure that the structure is not converted to habitable space; and F. Granting the Variance would be compatible with the City's General Plan. Section 3: The City Council hereby denies Variance 08-10, a proposal to construct a detached, two-story, two-car garage with an upstairs storage area with a 29-foot, 6-inch front yard setback where a 40-foot setback is required on a developed approximate 0.6-acre lot located at 12815 Stone Canyon Road, within the Rural Residential C zone. Resolution No. P-09-28 Page 3 PASSED, ADOPTED AND DENIED by the City Council of the City of Poway, State of California, this 1 st day of September 2009. ~ ~ Don Higginson, Mayor ATTEST: ~~' ~ A)froyan, MMC, City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P-09-28 duly adopted by the City Council at a meeting of said City Council held on the 1st day of September 2009, and that it was so adopted by the following vote: AYES: HIGGINSON, CUNNINGHAM, KRUSE, REXFORD(Via Teleconference) NOES: NONE ABSENT: BOYACK DISQUALIFIED: NONE ...~~ . Troyan, MMC, City Clerk Poway