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Item 7 - VAR 95-01 George Montello A~.£NDA REPORT SUMMAK V ~ ~TO: Honorable Mayor and Members of the City Council FROM: James L. City Mana~ INITIATED BY: John D..Fitch, Assistant City Manager~j~'~ql' ~.~. Reba Wr, ght-Quastler, Director of Planrffng Services DATE: May 23, 1995 SUBJECT: Variance 95-0'1, George Montello, Applicant ABSTRACT A request t :a 319 square foot addition to an existing single family residence located at 11875 Poway Road which is within the RR-C zone. The application includes a request for a 3proval to allow the add '~ eight feet into the required 20 foot side yard setback. IMENTAL REVIEW -- The proposed project is categorically exempt from the California E ~ Quality Act. iL IMPACT None. AD CE Public notice was published in the Poway News Chieftain and mailed to 49 property owners in the project area. RECOMMENDATION t is 'ted that the City Council approve Variance 95-01 subject to the conditions contained in the attached proposed resolution. ACTION ='~r"TY~PLANNING\REPOR~VAR9501 .SUM 1 of 10 MAY g3 1995 ITEM / ' =-AGENDA REPOR2 c i?¥ WAY TO: Honorable Mayor and Members of the City Council James L. Bowersox, City Mana~l~l~~) FROM: INITIATED BY: ohn D. Fitc , Assistan City Manager~)l~~ Services,O eba Wright- uastler, D rector of Plan~ing tephen A. S reeter, Pr ncipal Planner avid P. Gar ner, Plann ng Intern DATE: May 23, 1995 MANDATORY ACTION DATE: May 23, 1995 SUBJECT: ""' GEORGE AF ,LBERT P ~" R: A request to construc a 319 s uare foot a'di n o an existing single fam ly reside ce located a 1 5 oway Road which is within he Rural esidential C RR- zone. The application includes a reques for a varia.ce pproval to allow the addition to encroach eight feet into the required 20 foot side yard setback. APN: 316-062-16 BACKGROUND The applicants are seeking approval to construct an addition on the property located at 11875 Poway Road. They are also requesting a variance approval to allow the proposed addition to observe a side yard setback of 12 feet rather than the 20 foot side yard setback required in the RR-C zone. 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 subject lot is located on Poway Road just north of Poway Creek. The building pad is located in the northeast corner, on the highest section of the lot. The lower half portion of the lot is located within the floodway. The house ACTION: O MAY ~ 1995 m Agenda Report May 23, 1995 Page 2 _ sits about 22 feet from the side yard property line. The location of the ro~osed addition is in any other because of the down' ard slope of the property just behind the house toward the creek. The comb nation of the location of the house on the lot, and the location of the floo way, leaves very little additional space for the placement of the proposed addi ion. The proposed addition was redesigned to minimize the impact of the encroachme t into the side yard setback. The addition includes a 319 square foot sun room o f the existing living room, and as such is a logical extension of the design of t e structure. The applicant will also replace a wooden deck which extends from t e back of the house. The area of the proposed addition is currently occupied by a spa with a concrete foundation. The spa is in a state of disrepair and poses a potential health and safety threat. The existing h use and the proposed room addition are well screened from both Poway Road and he neighbor to the east. The existing house is built below the grade of Poway dad and below the pad of the house next door. The area is well screened by ex sting shrubs and trees. The proposed addition will be consistent with the architectural style of the existing house. ~ONHENTAL REVIEW This project is exempt from the provision of the California E 1 Quality Act as it proposes a minor alteration to land use limitations. A Class 5 and a Class 3 categorical exemption may be issued. ~PACT None. PUBLIC ~ AND CORRESPONDENCE Public notice was published in the Poway News Chieftain and mailed to 49 property owners in the project area. RECOHHENDATION It is recommended that the City Council approve Variance 95-01 subject to conditions contained in the proposed resolution. JLB:JDF:RWQ:DPG:kls Attach ents: roposed esolu ion oning n Loca ion Map ropose ite P an ropose loor lan ropose levations r~IAY g 3 1995 ITEM 3 of 10 RESOLUTION NO. P- A RE LUTION OF TH CITY C UNCIL OF T CITY OF POW Y, CALI ORNIA PROVING VARI NCE 95- 1 ASSESS 'S PARCEL NU BER 31 -062-16 WHEREAS, Variance 95-01 submitted by George Montello, Applica t, Albert P. Cruz, Owner, requests approval for construction of a 319 square oot addition onto the residence located at 11875 Poway Road. The addition will o serve a side yard setback of 12 feet when 20 foot setbacks are required for attac ed additions in the RR-C zone; and WHEREAS, on May 23, 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: E tal Fi : The City Council finds that Variance 95-01 is exempt from the p of the California E tal Quality Act, Categorical Exemption Class 5 and 3, as the project is the construction of an addition onto an existing dwelling (Class 3) and a minor alteration to land use limitations (Class 5). Section 2: Find : 1. The approved project is with the General Plan in that it proposes the of an addition to 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 act that the r ar half of the lot is located within the floodway an thus can not e utilized for any imp This fact, in com ination with he location of the house on the lot, limits the app icant's abili y to design an addition which meets standard side yard setback req 3. That granting the variance or its modification is for the p and of a substantial property right possessed by other property ih the same vicinity and zoning for which the variance is sought. The variance will allow the applicant to construct a 319 square foot addition which is in keeping with the size of other residences found in the vicinity. I~AY 231995 )T~M 7 4 o£ 10 Resolution No. _ Page 2 4. That granting the v riance or its modification will not be materially detrimental o the public health, safety, or welfare, or injurious to the proper y or improvements in such vicinity and zone in which the property s located. 5. That the granting of this variance does not a special privilege ' with the l' upon other p in the vicinity and zone in that the property is located in an area where many of the existing homes do not observe the minimum side or rear yard setbacks due to the fact the setback and lot size req were increased significantly in 1983 when Poway's General Plan and Zoning Development Code were adopted. 6. That the grantin of this variance does not allow the use or activit which i not otherwise expressly authorized by zoning develop ent regula ions governing the parcel or property in that the propose project s the of an addition to a residence in the ural Residential - C zone. S Decision: The City Council hereby approves Variance 95-01 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 NG SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. The site shall be developed in accordance with the approved site plan and elevations on file in the Planning Services Department. 2. The appropriate Building Department approvals shall be received prior to initiation of construction. 3. This permit shall become null and void on May 23, 1997, if building permits have not been issued. (T SHALL CONTACT THE OF ~ SERVICES REGARDING CO) E WITH T~ 1. A right-of-way permit shall be obtained from the City's Engineering Services Department for any work to be done within the public street right- f-way or any City-held Said work shall include, but is not 1 mited to, construction of driveway approach, sewer lateral instal ation, water service line installation, street construction (inclu ing concrete curb, gutter, and sidewalk). Permit shall be obtained prior o start of work. blAY ~, 3 1995 F[~.M 7 of 10 Resolution No, Page 3 2. A grading plan for the development of the property shall be submitted to the City's Engineering Services Department for review and approval riot to ssuance of a grading permit and start of gr ding peration u less ra in involves earthwork movement of less than 0 cub c yards, f no ra in is required, a certification from a S ate egistered ivil ng ne indicating the amount of earthwork shal be urnished to the ity's ,gtneering Services Department and a $500 inspection fee shall be paid pr or to building permit issuance. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 23rd day of May, 1995. Don Higginson, Mayor ATTEST: Marjorie K. Wahlsten, City Clerk 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 held on the~ day of 1995, and that it was so adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: Marjorle K. Wahlsten, City Clerk City of Poway 6 of zo ~AY ~3 19~5 ITEM CITY OF POWAY ITEM: VAR 9S-0~  TITLE : ZONING & MAP L SCALE : N/A ATTACHMENT : B 7 of 10 I~IAY ~;J 1995 |ti:~ !