Item 22 - Rehearing of CUP 94-17 and VAR 94-10 Ric and Barbara DuDeck AGENDA REPORT SUMM RY
~TO: Honorable Hayor and Members of the City Council
FROM: Oames L. City Nan~
INITIATED BY: John D. Fitch, Assistant City Hanager
Reba Wright-Quastler, Director of Planning Services
· DATE: Hatch 14, 1995
SUBJECT: Rehearing of Conditional Use Permit 94-17 and Variance 94-10, Ric and
Barbara DuDeck, Applicants
ABSTRACT
A request to legalize an existing second living unit which would permit its rental, and
a variance to allow the placement of a carport within the side-yard setback area for the
property located at 12859 Luiseno Drive in the RR-C zone.
ENV:
The project is categorically exempt.
FISCAL IMPACT
None.
~N
Public notice was published in the Poway News Chieftain and mailed to 26 property owners
within 500 feet of the subject property ~ to ~ l~cat.
RECOMMENDATION
It is recommended that the City Council rescind Resolution P95-02 and adopt the attached
resolution of denial of Conditional Use Permit 94-17 and Variance 94-10.
ACTION
A \CITY\PLANNING\REPORT\CUP9417.DSU
MAR 1 A 1995 ITEM 22
AGENDA REPORT
CITY OF POWAY
TO: Honorable Mayor and Members o,f~ City Council
FROM: James L. Bowersox, City Man~
INITIATED BY: John D. Fitch, Assistant City Manager
Reba Wright-Quastler, Director of Planning Services~-d~
Marijo Van Dyke, Associate Planner~'
DATE: March 14, 1995
MANDATORY
ACTION DATE: March 14, 1995
SUBJECT: A rehearing of Conditional Use Permit 94-17 and Variance 94-
10, Ric and Barbara DuDeck, applicants: A request to legalize
an existing second living unit which would permit its rental,
and a variance to allow the placement of a carport within the
side-yard setback area for the property located at 12859
Luiseno Drive, in the RR-C zone.
275-400-03
BACKGROUND
On January 3, 1995, the City Council approved the applicants' request for the
project described above. Subsequently, a neighbor filed a request for rehearing
of the subject, based on that: inadequate notice had been given to
surrounding property owners; some affected property owners did not receive a
notice of the public hearing; and that a neighbor wishing to speak at the
original hearing was not permitted to do so.
On January 17, 1995, the City Council granted the neighbor's request for
rehearing and scheduled it for February 28, 1995, in accordance with Section
17.46.080 of the Poway Municipal Code.
On February 28, 1995, the Council took additional public testimony regarding the
use of the property, and in particular heard arguments challenging the validity
of the legal findings in support of the setback variance for the carport.
Subsequent to the a motion was adopted denying the subject
application.
ACTION: See Summary Sheet
2of 5 MAR141995 ITEM 22
Agenda Report
- March 14, 1995
Page 2
FINDINGS
In response to J complaints relating to the
incompatibility of the ~arport, the City Council determined that the setback for
the positioning of the carport be denied, thereby eliminating the required
covered parking space for the second living unit. Since the applicants were
therefore unable to meet all of the development standards required for the
establishment of a second living unit, it too was denied.
ENVIRONMENTAL REVIEW
The project is categorically exempt.
FISCAL IMPACT
None.
ADDITIONAL ~CE
Public notice was published in the Poway News Chieftain and mailed to 26 property
owners within 500 feet of the subject property and to Edwin Muscat.
RECOMMENDATION
It is recommended that the City Council rescind Resolution P-95-02 and adopt the
attached resolution of denial of a
JLB:JDF:RWQ:MVD:KLS
Attachments:
A. Resolution of Denial
t~AR 1 4 1995 ITEM 22
3of 5
RESOLUTION NO. P-
A RE LU ON OF THE CITY C UN IL
OF T C Y OF POWAY, CA I OR IA
RE ~N NG RESOLUTION 9 0
DENYING CONDITIO L SE PERMIT 94-1 A ARIANCE 94-10
ASSESS R'S PARCEL NUMBER 75-40v-03
WHEREAS, Conditional Use Permit 94-17 and Variance 94-10, submitted by Ric
and Barbara DuDeck, applicants, request the approval to legalize an
apartment, and place a carport serving as the additional required covered parking
space to serve the unit on the property located at 12859 Luiseno Drive, in the
RR-C zone; and
WHEREAS, the placement of the covered parking space requires the granting
of a side yard setback and
WHEREAS, the City Council has read and considered the staff report and has
considered other evidence presented at the public hearing.
NOW, THEREFORE, the City Council does hereby resolve as follows:
1. The project will have n adverse aesthetic and architecturally
related impact upon adjo ning properties, in that carports are not
commonly found in the sub ect neighborhood, and which neighbors have
emphasized in their publ c
2. That the project does not encourage t~e orderly and h
a pearance of structures and property wi 'in the City, in that he
s ructure would be placed within a si yard setback, situa ed
c ose to the side property line than t e preponderance of ot er
s ruc ures in the immediate surroundings, and would be attached to
an ex sting two-car garage, facing the street, thereby being highly
visib e to the street.
3. That granting of the variance is not for the
and enjoyment of a substantial property right possessed by other
property in the same vicinity and zoning for which the variance is
sought, in that there are no other carports which have been placed
within the required setbacks.
4. That the granting of this variance does constitute a special
privilege t with the limitation upon other properties in
the vicinity and zone in that, there are no other carports located
within the setbacks, nor any other legal second living units in the
immediate area.
5. That the project is not w th the Zon!ng Ordinance, since
the carport cannot be constructed wi hout a therefore the
required covered parking space for t e second livin9 unit cannot be
provided as required by Chapter 17. 8 190.C of the Poway Municipal
Code.
4 of 5 MAR 1 4 ~995 ITEM 22
Resolution No. P-
Page 2
Section
The City Council hereby rescinds P95-02 and denies
Use Permit 94-17 and Variance 94-10.
DENIED and ADOPTED by the City Council of the City of Poway, State of
California, this 14th day of March, 1995.
nson,
ATTEST:
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No.
, was duly adopted by the City Council at a meeting of said City Council
he day of , 1995, and that it was so adopted
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
City of Poway
5 of 5 )4AR 1 4 1995 lTlmM 22