Item 6 - EA VAR 94-14 Robert J. Maus AGENDA Re;PORT SUMMARY
TO: Nonorable Mayor and Members of the City Council
FROM: James L. Mana~
INITIATED BY: John D. Fitch, Assistant City Manager~
Reba Wright-Quastler, Director of Plan~ing Services ~
DATE: January 31, 1995
SUBJECT: Environmental Assessment and Variance 94-14, Robert J. Maus, Applicant
ABSTRACT
A request to relocate a 170 square foot detached storage building on the residential
property located at 16121 Del Norte. The application includes a request for a variance
approval to allow the storage building to encroach 10 feet into the required 20 foot side
yard setback.
ENVIRONMENTAL REVIEW
This project is exempt from the provision of the California Environmental Quality Act as
it proposes a minor alteration to land use limitations, A Class 5 categorical exemption
maybe issued,
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCF
Public notice was published in the Powax News Chieftain and mailed to 43 property owners
in the project area.
RECOMMENDATION
It is recommended that the City Council approve Variance 94-14 subject to conditions
contained in the proposed resolution,
ACTION
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1 of 7 JAN 3 1 1995 ITENI ,6
--- AGENDA REPOR
CITY OF POWAY
?0: Honorable Mayor and Members of~t(!~City Council
FROM: James L. Bowersox, City ManaQ)~~ ~.~
John D. Fitch, Assistant City"~44nagerC~l~
INITIATED BY: Reba Wright-Quastler, Director of Plannin_g.S_ervices
Stephen A. Streeter, Principal Planner ~
David Gardner~ Planning Intern
DATE: January 31, 1995
MANDATORY
ACTION DATE: February 7, 1995
SUBJECT: ENVIRONMENTAL ASSESSMENT AND VARIANCE 94-14, ROBERT J. MAUS,
APPLICANT: A request to relocate a 170 square foot detached'
storage building on the residential property located at 16121
Del Norte which is within the Rural Residential C (RR-C) zone.
The application includes a request for a variance approval to
allow the storage building to encroach 10 feet into the
required 20 foot side yard setback.
APN: 275-353-01
BACKGROUND
The applicant requests a variance approval to permit the relocation of a detached
170 square foot storage building which would encroach 10 feet into the required
20 foot side yard setback.
Section 17.50 of the Poway Municipal Code makes a provision whereby the City
Council can allow a variance from the terms of the Zoning Ordinance because of
special circumstances applicable to the property which make the strict
application of the code overly burdensome.
FINDINGS
The findings required to support approval of the requested variance can be made
and are based on the fact that the lot is substandard in size for the RR-C zone.
ACTION:
2 of 7 JAN 3 ~ 1995 ITEM 6
Agenda Report
January 31, 1995
Page 2
The net area of the subject lot is approximately 24,000 square feet which is
roughly half of the minimum size for lots within the zone.
The proposed location of the new storage building will be set back from the
property line by 10 feet. The garage for the existing house is only 11'6" from
the same side property line and is consistent with the location of other existing
buildings in this older neighborhood.
The storage building was originally constructed within the right of way for the
adjacent street. The applicant proposes to move the storage building so as to
observe a 10 foot side yard setback. The choices available for location of the
building are limited because of the presence of a basketball court and several
fruit trees.
The proposed orientation of the storage building is the best location considering
current use of the property and is consistent with the planned additions to the
residence on the property. Other locations in the side yard and rear yard of the
property were considered by the applicant to be infeasible or undesirable.
The storage building will include stucco exterior and cement tile roof and will
be consistent with the architectural style of the existing house. It will be
screened from the street by an existing six foot fence and from the neighboring
property by existing high shrubs.
ENVIRONRENTAL REVIEW
This project is exempt from the provision of the California Environmental Quality
Act as it proposes a minor alteration to land use limitations. A Class 5
categorical exemption may be issued.
FISCAL IMPACT
None.
PUBLIC NOTIFICATION AND CORRESPONDENCE
Public notice was published in the Poway News Chieftain and mailed to 43 property
owners in the project area.
RECOHHENDATION
It is recommended that the City Council approve Variance 94-14 subject to
conditions contained in the proposed resolution.
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Attachments: A. Proposed Resolution
B. Zoning and Location Map
C. Proposed Site Plan
3 of ? ,JAN :~l 1995 ITEM .6 ,
RESOLUTION NO. P-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 94-14
ASSESSOR'S PARCEL NUMBER 275-353-01
WHEREAS, Variance 94-14 submitted by Robert Maus, applicant, requests a
variance to relocate a 170 square foot detached storage building on the
residential property located at 16121 Del Norte, which is located within the
Rural Residential C (RR-C) zone. A variance approval is required to allow the
storage building to encroach 10 feet into the required 20 foot side yard setback;
and
WHEREAS, on January 31, 1995, 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: Environmental Findinqs:
The City Council finds that Variance 94-14 is exempt from the provisions
of the California Environmental Quality Act, Categorical Exemption Class
5, a minor alteration to land use limitations.
Section 2: Findinqs:
1. The approved project is consistent with the General Plan in that it
involves relocation of a detached storage building at a single-
family residence on a site which is designated for residential use.
2. 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 under identical zoning classification.
The special circumstances include the fact that the lot is
substandard in size for the RR-C zone. The net area of the subject
lot is approximately 24,000 square feet which is roughly half of the
minimum size for lots within the zone.
The approved orientation of the new storage building is the best
location considering current use of the property and is consistent
with the planned additions to the property.
3. That granting the variance or its modification is necessary for the
preservation and enjoyment of a substantial property right possessed
by other property in the same vicinity and zoning for which the
variance is sought.
4. That granting the variance or its modification will not be
materially detrimental to the public health, safety, or welfare, or
JAN 3 1 1995 ITEM
4 of 7
Resolution No.
Page 2
injurious to the property or improvements in such vicinity and zone
in which the property is located.
5. That the granting of this variance does not constitute a special
privilege inconsistent with the limitation upon other properties in
the vicinity and zone in that the property is located in an older
neighborhood in which many of the existing buildings were built
under the county's setback requirements of 10 feet.
6. That the granting of this variance does not allow the use or
activity which is not otherwise expressly authorized by zoning
development regulations governing the parcel or property in that the
proposed project is a detached storage building for a residence in
the Rural Residential C (RR-C) zone.
Section 3: City Council Decision:
The City Council hereby approves Variance 94-14 subject to the following
conditions:
1. Within 30 days of approval: (1) the applicant shall submit in
writing that all conditions of approval have been read and
understood; and (2) the property owner shall execute a Covenant on
Real Property.
APPLICANT SHALL CONTACT THE DEPARTHENT OF PLANNING SERVICES REGARDING COMPLIANCF
WITH THE FOLLOWING CONDITIONS:
1. The applicant shall plant shrubs inside the wall to provide screening of
the storage building from the street.
2. A building permit shall be obtained for placement of the existing building
at a new location on the site.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 31st day of January, 1995.
Don Higginson, Mayor
ATTEST:
Marjorie K. Wahlsten, City Clerk
JAN 31 1995 rrE)uI 6
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VAR 94-14
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CITY OF POWAY ,TEM:
ZONING AND LOCATION
TITLE : MAP
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