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.
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Don Higginson, Mayor
ATTEST:
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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
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. Troyan, MMC, City Clerk
Poway