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Item 4 - VAR 95-05 Standard Pacific of San Diego - - AGENDA REPORT SUMMARY ~ TO: Honorable Mayor and Members ~ City Council FROM: James l. Bowersox, City Mana INITIATED BY: John D. Fitch, Assistant City Managef1l{ ~ Reba Wright-Quastler, Director of Planning Services ~ DATE: August 8, 1995 SUBJECT: Variance 95-0S, Standard Pacific of San Diego, Applicant: A request for an eight-foot encroachment into a required twenty-foot side yard setback for the construction of a new home on lot 60 of The Grove - located in the RR-C zone. ABSTRACT A request for approval of the side yard setback variance, ENVIRONMENTAL REVIEW The subject project is considered exempt, under the provisions of the California Environmental Quality Act, Class 5, ~ FISCAL IMPACT None. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE Public notice was published in the Poway News Chieftain and mailed to 23 property owners within 500 feet of the project boundaries. RECOMMENDATION It is recommended that the City Council approve Variance 95-05 subject to the conditions contained in the attached proposed resolution, ACTION E:\CITY\PLANNING\REPOaT\VAR9S0S,SUM - :.. of 8 AUG C 1995 ITEM 4 .. AGENDA REPOR'l' CITY OF POW A Y TO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Man~ ~. INITIATED BY: John D. Fitch, Assistant City Manage~;t J( Reba Wright-Quastler, Director of Plan~ing Services ~ Marijo Van Dyke, Associate Planner DATE: August 8, 1995 MANDATORY ACTION DATE: August 8, 1995 SUBJECT: Variance 9S-OS, Standard Pacific of San Diego, Applicant: A request for an eight-foot encroachment into a required twenty- foot side yard setback for the construction of a new home on Lot 60 of The Grove - located in the RR-C zone, APN: 278-462-38 BACKGROUND The plotting for Lot 60 in The Grove was originally approved under a previous development review. Over time the 720 CS Model, which was plotted for this lot has been discontinued by the builder due to a slackening of buyer interest. The substitute unit being proposed is the Model 760 which is a larger and wider model, FINDINGS The subject lot backs up to Espola Road, It contains a 50 foot deep landscape maintenance easement along Espola Road, a noise attenuation wall, a drainage swale, then a slope up to the graded pad. In total, 110 feet of the rear of the property are consumed by those elements, out of a lot with an average overall depth of 300 feet. There are 54 feet of usable graded compacted pad area in the rear yard, The lot is 123 feet in width at the front setback line. The 760 model is roughly gO feet in width by 70 feet in depth. When placing the house on this lot, observing the 20 foot minimum side yard setback on the south side, the house comes to within 12 feet of the property line on the north side yard. ACTION: I J 2 of 8 - - _. Agenda Report August 8, 1995 Page 2 The home on Lot 61, a 745 model, is set back 28 feet from the southerly side property line, leaving a forty (40) foot clearance between the two homes, This is consistent with the intent of the twenty-foot side yard setbacks on each lot because it achieves the same building separation. The lot is irregular in dimension, increasing in width from front to rear, The house could be moved back, however, the disadvantage to doing so is that the usable rear yard area is substantially decreased, thereby reducing the opportunities for the placement of patios and pools, etc. ENVIRONMENTAL REVIEW The subject project is considered exempt, under the provisions of the California Environmental Quality Act, Class 5, Minor Alterations in land Use limitations, FISCAL IMPACT None. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE - Pub 1 i c not ice was pub 1 i shed in the Poway News Ch i eft a in and ma i 1 ed to -1l property owners within 500 feet of the project boundaries, RECOMMENDATION It is recommended that the City Council approve Variance 9S-OS subject to the conditions contained in the attached proposed resolution, JLB:JDF:RWQ:MVD:kls Attachments: A. Proposed Resolution B. Zoning and Location Map C. Proposed Site Plan E:\CITY\PLANNING\REPORT\VAR9S0S.AGN .-' AUG 8 1995 ITEM 4 ,'.4 j -:.: 8 -- --------- - - ---------- - ------ -- --- RESOLUTION NO, P- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING VARIANCE 95-05 ASSESSOR'S PARCEL NUMBER 278-462-38 WHEREAS, Vari ance 95-05 submitted by Standard Pacific of San Diego, Applicant, requests the an eight foot encroachment into a required twenty foot side yard setback for the construction of a new home on Lot 60 of The Groves, in the RR-C zone; and WHEREAS, on August 8, 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 Findinas: The City Council finds that Variance 9S-OS is exempt from the provisions of the California Environmental Quality Act, Categorical Exemption Class 5 and 3, as the project is the construction of a single family residence and a minor alteration to land use limitations. Section 2: Findinas: 1. The approved project is consistent with the general plan in that it proposes the construction of a residence within a site which is designated for residential use. 2. That there are special circumstances applicable to the property, and because of this, the strict appl ication 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 property is irregularly shaped, has irregular topography, and large portions of the rear of the lot are unusable to a future resident, 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, in that customers of The Grove are requesting that the Model 760 be built more frequently. There are none within any of the nearby lots, Therefore the mix of units is enhanced by the use of this model, but in order to fit on the lot, a side yard variance is needed, 4, That granting the variance or its modification will not be materially detrimental to the public health, safety, or welfare, or injuriOUS' to the property or improvements in such Vicinity and zone in which the property is located, AUG 8 1995 ITEM 4 . I 4 of 8 .- - - Resolution No, P- Page 2 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 area where although the lots are of similar size, there is some variance in lot dimension which precipitated a problem in plotting the new home, 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 the construction of a new single-family home in the Rural Residential-C zone, Section 3: Citv Council Decision: The City Council hereby approves Variance 95-05 subject to the following conditions: 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, COMPLIANCE WITH THE FOllOWING CONDITIONS IS REQUIRED. COMPLIANCE SHAll BE APPROVED BY THE DEPARTMENT OF PlANNING SERVICES. SITE DEVELOPMENT 1. Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the conditions contained herein. 2, Revised site plans and building elevations incorporating all conditions of approval shall be submitted to the Planning Services Department prior to issuance of building permits, 3. Approval of this request 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. 4, This approval shall become null and void if building permits are not issued for this project within two years from the date of project approval, .- AUG 8 1995 ITEM 4 ' ~ j 0: 8 Resolution No. P- Page 3 APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 8th day of August, 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 cert i fy, 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 followrng-vote: AYES: NOES: ABSTAIN: ABSENT: Marjorie K, Wahlsten, City Clerk City of Poway AUG 8 1995 ITEM 4 1 6 of 8 . - - - ~~ u.~\x. /)" -- I I '~'-Z>{()('" -r 7:.~~ ?l~ , - j ~2'mJl~ I~W /\ - '--~ i I y ~ JT V ~/ ~ ' ~J\y" ~ ~~J/ _ ~lr -:-;;j OS-RM( ;- _. I ! . ,-1/ v I~q- 8 - -" ' ,}- I ~I~Y "GZX -;'" ~.', -~ ::fiTf ~ '\ ~' )l; - // _ ~B~ ,(yy' ~/ ~ PF (........LAKE POWAY ( ~ '~j~ jJ ~.. . , ,/ . . < \ ~ Y~~ii::\' r *r7:"~ OS7R,,--,,-- ~\ ,- - rflf,' !- 'i~ ",' ~,' , \\ L- j~.H--i, / _:\;/ \ ~. ~ - '= F'J'@J ih~ ~J "'" -,_ .~;) \ '", '1 " .' ", I~' .... :>S-RM \ ,/ - r..:--\v - ( ;" ' , ~ ~ IV ~ FJ;.:: ': . ?;.[. ~ r l-. . r' rr~- -- --- . 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