Res P-10-37RESOLUTION NO. P -10 -37
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
DENYING VARIANCE 10 -04,
ASSESSOR'S PARCEL NUMBER 273 - 171 -05
WHEREAS, Variance 10 -04, submitted by Demetri Zambus, requests a Variance
approval to allow the construction of a detached, 636- square -foot, single -story garage that
would maintain a 5 -foot interior side yard setback within the front yard area when a 10 -foot
setback is required. The property is located at 16943 Valle Verde Road, in the Residential
Single - Family 4 (RS -4) zone; and
WHEREAS, on December 7, 2010, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this application.
WHEREAS, Section 17.50.070 of the Poway Municipal Code (PMC) establishes
findings required for granting a Variance as follows:
A. That there are special circumstances applicable to the property, (size, shape,
topography, location or surroundings) or the intended use of the property, 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; and
B. That granting the Variance or its modification is necessary for the preservation and
enjoyment of a substantial property right possessed by other property owners in the
same vicinity and zone and denied to the property owner for which the Variance is
sought; 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; and
D. The granting of this Variance does not constitute a special privilege inconsistent
with the limitations upon other properties in the vicinity and zone in which such
property is situated; and
E. The granting of this Variance does not allow a use or activity which is not otherwise
expressly authorized by the zoning development regulation governing the parcel of
property, and
F. That granting the Variance or its modification will not be incompatible with the City's
General Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Resolution No. P -10 -37
Page 2
Section 1 : The required Variance findings cannot be made to allow the construction of a
detached, 636- square -foot, single -story garage that would maintain a 5 -foot interior side
yard setback within the front yard area when a 10 -foot setback, as follows:
A. There are no special circumstances in terms of lot size, lot dimensions, or natural
features applicable to the property. Therefore, the strict application of the Zoning
Ordinance does not deprive the property of privileges enjoyed by other properties in
the vicinity with the identical zoning classification, in that a garage that conforms to
required building setbacks can be designed on the site; and
B. Granting the Variance is not necessary for the preservation and enjoyment of a
substantial property right enjoyed by other property owners in the same vicinity
because a garage can be provided on the site without impacting setback
requirements.
C. Based on public testimony, granting the Variance would negatively impact the
welfare of immediate neighbors and the neighborhood because of noise impacts,
loss of privacy, and because the size and location of the garage as proposed is not
compatible with the neighborhood character.
Section 2 : The City Council does hereby deny Variance 10 -04, authorizes staff to issue
a refund of all Building Permit fees and the Variance application fees paid to the City by
the applicant, and waive future application and permit fees related to the construction of a
garage at 16943 Valle Verde Road in compliance with the PMC.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 21st day of December 2010.
Don Higginson, Ma or
ATTEST:
3 Lin eroyan MC , City Cler<
Resolution No. P -10 -37
Page 3
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO)
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do
the penalty of perjury, that the foregoing Resolution No. P- 10 -37, wa s
City Council at a meeting of said City Council held on the 21st day of
that it was so adopted by the following vote:
AYES: BOYACK, GROSCH, HIGGINSON
NOES: MULLIN, CUNNINGHAM (teleconference),
ABSTAIN: NONE
DISQUALIFIED. NONE
hereby certify, under
duly adopted by the
December 2010, and
d". Troyan, MMC, City Clerk
City of Poway