Item 3 - VAR 03-01 Arthur Bradley_ AGENDA REPORT SUMMARY
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Mana~[~
INITIATED BY:Niall Fritz, Director of Development Services~
DATE: April 15, 2003
SUBJECT: Variance (VAR) 03-01, Arthur Bradley, Applicant. APN 314-263-26.
ABSTRACT
A request for a Variance to allow a portion of a 700-square-foot addition to an existing single-family
residence to observe a 15-fOot front yard setback where an 18-foot setback is required. The subject
property is located in the Residential Single-Family-7 (RS-7) zone at 12551 Taunt Road.
ENVIRONMENTAL REVIEW
The proposed project is Categorically Exempt as a Class 5 Categorical Exemption from the
California Environmental Quality Act (CEQA) 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.
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
A public notice was published in the Poway News Chieftain and mailed to 46 property owners within
500 feet of the project site.
RECOMMENDATION
It is recommended that the City Council approve Variance 03-01, subject to the conditions in the
attached proposed Resolution.
ACTION
M:~olanning\03repo~var\VAR03-01 Bissinger~sum.doc
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AGENDA REPORT
TO: Honorable Mayor and Members.oRe City Council
FROM: James L. Bowersox, City Manag'~
INITIATED BY: Niall Fritz, Director of Devel~)pment Services ~
Patti Brindle, City Planner ~:~J~'
Lisa Mercurio, Assistant Planner ~
DATE: April 15, 2003
SUBJECT: Variance (VAR) 03-01, Arthur Bradley, Applicant: A request for a
Variance to allow a portion of a 700-square-foot addition to an existing
single-family residence to observe a 15-foot front yard setback where
an 18-foot setback is required. The subject property is located in the
Residential Single Family 7 (RS-7) zone at 12551 Taunt Road.
APN: 314-263-26
BACKGROUND
The applicant is requesting a Variance to allow a portion of a proposed 700-square-foot
addition to an existing single-family residence located at 12551 Taunt Road, to encroach 15
feet into a required 18-foot front yard setback in the Residential Single-Family-7 (RS-7)
zone (see Attachment B). The applicant is requesting this Variance to prepare for future
health needs due to a developing handicap.
Chapter 17.50 of the Poway Municipal Code makes a provision whereby the City Council
can allow a Variance from the terms of the Zoning Code because of the special
circumstances applicable to the property, which makes the strict application of the Code
overly burdensome.
FINDINGS
The proposed addition will consist of 430.5 square feet of unconditioned garage space and
269.5 square feet of living area. The garage portion of the addition will encroach into the
required front yard setback area. The house was built prior to City incorporation under
County Zoning Standards. The lot measures approximately 10,458 square feet in area,
which is larger than the current requirement for the RS-7 zone. However, this house and
others in the neighborhood are located towards the front of the their lots. Placement of the
proposed addition is specifically limited because of an existing pool, slopes and mature
landscaping on the lot. The proposed addition location is also in the most logical position in "~
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-- Agenda Report
April 15, 2003
Page 2
relation to the existing floor plan and is the most economical for the homeowner. The
garage encroachment will match the existing setback of a portion of the house. Several
houses near the Bissinger residence also encroach into the required 18-foot front yard
setback.
As can be seen in Attachment C, approximately 3 feet of the garage addition (61.5 square
feet) would be located within the front yard setback. The back of the proposed garage
would be located over 23 feet from the corner of the nearest home. The project will be
conditioned to require the installation of an automatic garage door opener so that the rear
of a vehicle will not have hang over the sidewalk.
The findings necessary to support the Variance request are set forth in the attached
proposed Resolution (Attachment A), and are based on the fact that (1) the proposed
encroachment will match the setback of the existing residence, and (2) the developable
area of the lot that is conducive to a garage near the driveway is very limited due to the
pool, slopes, and existing mature landscaping in the rear of the lot, (3) several of the
nearby properties maintain less than the required 18-foot front yard setbacks, so the
approval of the Variance would not detract from the neighborhood, and (4) the proposed
addition will be constructed and painted to match the existing house. Approval of the
Variance will not result in any health or safety impacts, and will relieve a burden on the
property not experienced by others in the same zone and vicinity.
ENVIRONMENTAL REVIEW
The proposed project is Categorically Exempt as a Class 5 Categorical Exemption from the
California Environmental Quality Act (CEQA) 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.
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
A public notice was published in the Poway News Chieftain and mailed to 46 property
owners within 500 feet of the project site.
RECOMMENDATION
It is recommended that the City Council approve Variance 03-01, subject to the conditions
- in the attached Resolution.
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Agenda Report
April 15, 2003
Page 3
Attachments:
A. Proposed Resolution
B. Zoning Map
C. Reduced Site Plan and Project Plans
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RESOLUTION NO. P-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 0;3-01
ASSESSOR'S PARCEL NUMBER 314-263-26
WHEREAS, Variance 03-01, submitted by Arthur Bradley, Applicant, for lan
Bi$$inger, requests approval of a Variance to allow a por~ion of a 700-square-foot
addition to an existing single-family residence to observe a 1§-foot front yard setback
where an 18-foot setback is required. The subject property is located in the Residential
$ingle-Family-7 (RS-?) zone et 12§§1 Taunt Road; and
WHEREAS, on April 16, 2003, 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, the City Council does hereby resolve as follows:
Section 1: The proposed project is Categorically Exempt as a Class § Categorical
Exemption from the California Environmental Quality Act (CEQA) pursuant to Section
1,5305 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 $ection 17.,50.050 of the Poway Municipal
Code, to approve Variance 03-01 to allow a maximum i`5-foot front yard setback rather
than the required 18-foot setback for a 700-square-foot addition to an existing single-
family residence located at 12§51 Taunt Road in the Residential Single-Family-7 (R8-7)
Zone, as shown on the site plan dated January 6, 2003, are made as follows:
A. That there are special circum$tances 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 has a
pool, slopes, and has mature landscaping in the rear yard that does not allow an
expansion into the rear yard; 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 not afforded to the property for which the Variance is sought because the
developable area of the lot is concentrated on the westerly portion of the lot due
to a pool, slopes, and mature landscaping in the rear yard; and,
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 be constructed
to match the current setback of the existing house and will be painted to match
the existing house; and,
5 of 13 ATTACHMENT A April 15, 2003 Item #___~__
Resolution No. P-
Page 2
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 other nearby lots in the Residential Single-Family-7 (RS-7) zone encroach
into the required 18-foot front-yard setback; and,
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the RS-7 zone because single-family homes are a permitted use
and this is an addition to a single-family home; 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 03-01, to allow a portion of the
700-square-foot addition to an existing single-family residence located at 12551 Taunt
Road in the RS-7 zone to observe a 15-foot front yard setback rather than the required
18-foot setback (as reflected on plans dated January 6, 2003), subject to the following
conditions:
A. Approval of this Variance 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 issuance.
B. Within 30 days of approval the applicant shall submit in writing that all conditions
of approval have been read and understood.
C. The Variance granted by this approval shall not be conducted in such a manner
as to interfere with the reasonable 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 January 6,
2003, prior to construction, as amended below:
1. Prior to issuance of a Building Permit, the plans shall be revised to
show the exterior building materials for the 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. The plans shall also note that an automatic garage door
opener will be installed.
E. Prior to final inspection of the garage, the applicant shall comply with the
following:
1. Approved numbers or addresses measuring 4 to 6 inches in height
shall be placed at the private driveway entrance and will be plainly
6 of 13 April 15, 2003 Item
Resolution No. P-
Page 3
visible and legible from the street fronting the property to the
satisfaction of the Safety Services Department. Said numbers shall
contrast with their background.
2. An automatic garage door opener shall be installed.
Section 4: The approval of Variance 03-01 shall expire on April 15, 2005, unless the
applicant and/or property owner applies for and obtains approval of a Minor
Development Review.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 15th day of April 2003.
Michael P. Cafagna, Mayor
ATTEST:
_ Lori Anne Peoples, City Clerk
STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO )
I, Lod Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P- duly adopted by the
City Council at a meeting of said City Council held on the 15th day of April 2003, and
that it was so adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Lori Anne Peoples, City Clerk
City of Poway
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CITY OF POWAY IT~,M: v^Ro3-o~
TITLE : ZONING MAP
SCALE : ATTACHMENT :
~ ' A'~:ACH~,~E.NT B ~pril 22, 2003.
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A~ACHMENT C April 22, 2003 Item
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