Res P-03-04RESOLUTION NO. P-03-04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 02-14
ASSESSOR'S PARCEL NUMBER 275-082-04
WHEREAS, Variance 02-14, submitted by Mark and Janet Berdan, requests
approval of a Variance to allow a 288-square-foot detached garage addition to an
existing single-family residence to observe a 25-foot front yard setback where a 40-foot
setback is required. The subject property is located at 16451 Orchard Bend Road in the
Rural Residential-C (RR-C) Zone; and
WHEREAS, on January 21, 2003, the City Council held a duly advertised public
hearing to solicit ls from the public, both pro and con, relative to this
application.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1' The City Council finds that the Variance 02-14 request is Categorically
Exempt from the p ' ' of the California Iai Quality Act, pursuant to
Section 15305, Class 5, in that the project consists of a minor alteration to the front yard
setback and does not create a new parcel.
Section 2: The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code, to approve Variance 02-14 to allow a 25-foot front yard setback rather
than the required 40-foot setback for a 288-square-foot detached garage addition to an
existing single-family residence located at 16451 Orchard Bend Road in the Rural
Residential-C (RR-C) Zone, as shown on the site plan dated December 20, 2002, are
made as follows:
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 include the fact the subject lot is a flag
lot, has leach lines, a granite vein traversing the property, is subject to a
floodway, has steep slopes, and has several mature trees, including oaks; and,
Granting the Variance is ry 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 the
developable area of the lot is less than 25% of the approximately 1.1-acre lot and
is concentrated on the southerly portion of the lot due to a granite vein traversing
the property, floodway, steep slopes, and mature trees, including oaks; and,
Resolution No. P-03-04
Page 2
Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that the proposed garage addition will be built
within an area that is :1 from adjacent property; and,
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 detached garages have been constructed on other lots in the Rural
Residential-C Zone in the vicinity; and,
Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the RR-C Zone because single-family homes are a permitted use
and this is an addition to a single-family home; and
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'
Section 3: The City Council hereby approves Variance 02-14, to allow a 288-square-
foot, detached garage addition to an existing single-family residence, located at 16451
Orchard Bend Road in the RR-C Zone, to observe a 25-foot front yard setback rather
than the required 40-foot setback (as reflected on plans dated December 20, 2002),
subject to the following conditions:
Ao
Approval of this Variance request shall apply only to the subject project and shall
not waive compliance with all sections of the Zoning Ordinance and all other
applicable City Ordinances in effect at the time of Building Permit'
B°
Within 30 days of approval the applicant shall submit in writing that all conditions
of approval have been read and understood.
The Variance granted by this approval shall not be conducted in such a manner
as to interfere with the 91e use and enjoyment of surrounding residential
uses,
D°
The applicant shall comply with the Uniform Building Code and shall obtain a
Building Permit consistent with the approved Variance plans dated December 20,
2002, prior to construction.
E=
Prior to issuance of a Building Permit, the applicant shall depict the exterior
building materials for the garage expansion and roof consistent in color, type,
and texture with the exterior material on the existing residence, to the satisfaction
of the Director of Development Services.
Prior to occupancy, approved numbers or addresses g 4 to 6 inches in
height shall be placed at the private driveway entrance and will be plainly visible
Resolution No. P-03-04
Page 3
and legible from the street fronting the property to the satisfaction of the Safety
Services Department. Said numbers shall contrast with their background.
Section 4: The approval of Variance 02-14 shall expire on January 21,2005 unless the
applicant and/or property owner applies for and obtains approval of a Minor
Development Review.
APPROVED and A by the City Council of the City of Poway, State of
California, this 21 st day of January 2003.
ATTEST:
Michael P.
nne Peoples, City
STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P- 03-04 duly adopted by the City
Council at a meeting of said City Council held on the 21st day of January 2003, and that
it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
LoeWi ~nn~e ~ ~
Peoples, City Clerk
City of Poway
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