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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 e: \ci ty\pl anning\repor t\cup9418, sum 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. JLB:JDF:RWQ:SAS:DPG:kls 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 5 of 7 VAR 94-14 O CITY OF POWAY ,TEM: ZONING AND LOCATION TITLE : MAP ~ SCALE : ATTACHMENT: B JAN 311995 li-E.~?6 , 6 of 7 VAR 94-14 , ~ ~'~ :~r~ ~ .~-- .~" ATTACHMENT C 7 of 7 ,JAN 3 1 1995 I]'t=M 6