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Item 4 - MDR 95-35 Joe Herold - AGENDA llEPORT SUMMARY TO: Honorable Mayor and Melbers of the City Council -. - ....-:..-. .- - ~ - -";-;.-:,-,... Jues L. Bowersox, City Man~ ~~.....,_... t;to';&. ta.; no. t:~ FROIl: INITIATED BY: John D. Fitch, Assistant 'City Manage~~ ~ Reba Wright-Quastler, Director of Planning Services DATE: October 31, 1995 SUBJECT: Minor Development Review 95-35, Joe Herold, Applicant ABSTRACT A request to construct an 1876 square foot detached garage on a 1.82 acre residential property located at 13775 Paseo Bonita within the Rural Residential C (RR-C) zone. ENVIRONMENTAL REVIEW The project is not subject to the CEQA. FISCAL IMPACT None. - ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE Public notice was mailed to 7 property owners in the project area. RECOMIlENDATION It is recommended that the City Council determine whether the proposed 1876 square foot detached garage complies with the development standards set forth in the Poway General Plan. ACTION : ,..~, ...... - OCT 3 1 1995 ITEM 4 1 of 11 · AGENDA REPORT CITY OF POW A Y TO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Ma~ INITIATED BY: John D. Fitch, Assistant City Manager~~ ~J-. Reba Wright-Quastler, Director of Plann ng Services Carol M. Rosas, Assistant Planner II DATE: October 31, 1995 SUBJECT: Minor DeveloDllllllt Review 95-35. Joe Herold. ADDl1cant: A request to construct an 1876 square foot detached garage on a 1.82 acre residential property located at 13775 Paseo Bonita within the Rural Residential C (RR-C) lone. APN: 323-430-19 BACKGROUND Section 17.02.050 of the Poway Municipal Code allows in situations where clarity is required to determine the appropriate classification or standard for a given use, the Planning Director shall forward the facts and findings of said use to the City Council for review and interpretation. FINDINGS The applicant is requesting approval to construct an 1876 square foot detached garage on a 1.82 acre property located at 13775 Paseo Bonita in the Los Lomas residential development. The site is currently developed with a 3400 square foot single-story home which includes an attached 3-car garage (approximately 776 square feet). According to the applicant, the proposed garage would be used to park vehicles and for other personal usage (See Attachment E). While the proposed 1876 square foot garage complies with the Poway Zoning Ordinance and the Codes, Covenants and Restrictions for the Los Lomas development, it isn't totally consistent with the Poway General Plan in that it is out of character and scale with the three and four car garage homes that are prevalent in the neighborhood. ACTION: OaT ;"... I;';';) "~M J., 2 of 11 Agenda Report October 31, 1995 Page 2 Letters of opposition have been received from two separate adjacent property owners (See Attachments F and G). The reason cited for oppos i t i on was the potential use of the large garage as a home-based business or possible conversion to an accessory 1 i vi ng uni t. Staff contacted and spoke with the opposing property owners. These owners advised that a condition of approval for the project requiring that the garage be deed restricted as to how it was used would not provide adequate assurance for them to be comfortable with approval of the proposal. The following project findings have been made by staff: 1. The proposed project is somewhat consistent with the General Plan in that the garage will be screened from general viewing and will not detract from the desired character or appearance of the surrounding area. However, the garage as a type of use is out of character with the surrounding area in that 14 of the 19 residential lots in Los Lomas that are developed with residences have three and four car garages, compared to the total 2652 square foot garage space that is proposed on the subject lot. 2. The proposed development wi 11 not have an adverse aesthetic, health, safety or architecturally related impact upon adjoining properties, in that the proposed garage has been designed to complement and follow the architectural lines of the residence and it will be sited close to the house and oriented so that the length of the garage is perpendicular to Paseo Bonita, therefore less visible from the street. 3. The proposed development is in compliance with the Zoning Ordinance, in that it compl ies with the property development standards of the Rural Residential Clone. 4. The proposed development encourages the orderly and harmonious appearance of structure and property within the City, in that the surrounding properties consists of large rural residential lots with well spaced homesites. In that the proposed 1876 square foot garage is considerably larger than other residential garages in the neighborhood, it is requested that the City Council make a detel"lllination as to whether the project is consistent with Pol icy F, Strategy 22 of the Community Development Element of the Poway General Plan which states that accessory uses and buildings should be screened from general viewing and should not detract from the desired character of the surrounding area. ENYIRON.IIENTAL REVIEW The project is not subject to the CEQA. FISCAL IMPACT None. 3 of 11 OCT 3 1 1995 ITEM 4 Agenda Report October 31, 1995 Page 3 ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE Public notice was mailed to 7 property owners in the project area. RECOIIIENDATION It is recOlIIIM!nded that the City Council determine whether the proposed 1876 square foot detached garage complies with the development standards set forth in the Poway General Plan. JLB:JDF:RWQ:CMR:kls Attachments: A. Zoning and Location Map B. Site Plan C. Floor Pl an D. Building Elevations E. Letter from Joe Herold F. Letter from David and Connie Griffin G. Letter from J. L. Henriques E:\CITY\PLAMMIIG\REPOIT\MDRA9535.AGM OCT 3 1 1995 ITEM 4 4 of 11 l71-J ~II r-... ~ /01< '- ,. - . -'..\u..J - lL J.. ~ ",--IL. ( . Ir- '/f - II: r'" 7,~ ~I!h:: '~I u ~,\., -I"-...J'""' --/ ~]RP.F MHP. . '\"~~8 -fj../J. OS-R ~ h~ -~I-- ~if ~ -; 'j \r( LJ -nS f:==,) '\ ~ -'1-\ I I ~_~, , ~ t:fiillJ /I -:1 ^"\ ~ :ES... ~ ~m:'~~ t ) ~ ~'. . Y;7 ,-,-' lIT r~\, R~ ~~ ~.. ~os.4l ~: ..1\ 1. ~~II- j Jii~fEl.. } MT ~ M ~ 1!;->- :I.. . I - I 1 ~~HJ~[t(L f1&: ~ AC.C RA ~t rn..._" ~F rn.imm~ ~~ Th /- . d . RC W. 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I , I I 1 . \ I . .... MDRA 95-35 CITY OF POW A Y ITEM: ZONING AND LOCATION MAP TITLE : - @ SCALE, "" ATTACHMENT,' 5 of 11 OCT 31 1995 ITEM 4 \ I f!J iij \ i~ / \ I ~ /// , ~ ~ //,'11 / i\ <.. 1/ I "vf I )\ - \ ------------ \ / '\ / , I \ \ , \ \ , ' , I \ \ ' ',/ I , \ \ ' ' \ '(":"\ \ I \' ' I I' \ I . \ \ I.... ~ I' \ . I' " ."j / \ ' / '--. _---'f II ) \ / .' - ~ " - \' / \ ..- \ '\.... \ --- ...- _-I '\..- - \ I "':,....... \ I 1-/ / \ ~--- // \ -----\ / \ I / , 1// \ / I l' '-""i \ / / I \ \ / / I 1\ \ \ I I I I I ) I I \ I r/-"\./ / II /: .~ I I I / 1 I \ I / \ \ / I I I' I / I I \ I I / \ I \..-_--,/ I I I" \ \ \ / I ''to. I 1 I / I / \1li \ I I \ / ~..c...... ,0 I ,/ I \~ \ I _.J..-/ I .! \ /' \OP _--r- . \ ----- \ \ _-f'-- \\ I _-- I lJ I' , , -- I ' \ I --1- \\ , \ _---- 1\ j I _----- I ' ... \ \ _-- \ I \ I '\ ... --..1.--- - ! \ 1'1 ' -- \ \ J '\ I, I ' ..J--- I, ___- ! '\ _-.A! _--- I ,-",,1'1.~...::-- -- -- -- I _--------------- i I I ~ IEB- e ~m~ ~ ~ 1:-), .. IE ~'i11 a I~! J ATTACHMENTI OCT 31199SIITEM 4 6 of II Ii lH!lElROLD JFi~.<rnnlENClE III! ~ ~ / r~~~lI~ =--::: II I I - , I , I , I , . I , !~ , I , I .~ , I , ~ I , $ U I I .- t , , I . .1 P _L _ - A TT ACHMENT C OCT 3 1 1995 ITEM 4 " 7 of 11 I lHIl8JROLD RlBSlIDlENClB II ~ ~,~~lZ~ :=11 -..- I ; ~ ~ ~ ~ . BL:lElB I Bld~B ~ !:a!dl;;l!:a 8~El8i .. el' !pI !;;l I!il!;;l: n .:1 I..t: !!Ii B~H9B II' p' I3ElBI3: ; r::H;:1 ld r.:l i I ., , I . I ! ~ BL:lElBi Bld~B, i ~ !:a!dl;;l!:a' 8~El8' I !;;l I!il!;;l. . BQt9Bi I3ElBI3' , } r.:lQl:lr.:l: } . ' ATTAC OCT 3 1 1 4 8 of 11 J ~I ~ ~/~~~ ==--=.:1/1 HEROLD P~1ENCE October 09, 1995 Dear City honorable Don Higginson Council Members 13325 Ci~ic Center Drive Poway, Ca 92064-0120 Reference : Minor Development Review #95-35 I am requesting your permission to build an eight car~garage on my property at 13775 Paseo Bonita. This garage was professionally designed and conforms with the architectural style of the residence. Additionally, the garage will be situated in a low area near the house that is surrounded by trees and not highly visible to the street. I intend to use this garage solely to park vehicles and for other personal usage. I feel that it will be more beneficial both to myself and to the neighborhood if I am able to park my vehicles, personal watercraft and boat in an enclosed area as opposed to having them clutter up my driveway. I can assure you that this structure will not be used as a business or converted into a rental unit. Since I have the half acre just below my house and am going to use it for personal use only, and a house two parcels away has a hugh barn that you approved, I see no good reason for not accepting my request. Thank you for your time and consideration of this project. If you have any additional questions, I will be happy to provide answers. ~~ Joe Herold (619) 486-6198 ATTACHMENT E 9 of 11 OCT 31 1995 ITEM 4 -. ~ I ) '~?5 13:i..o 01':157902 DA.....E GRIFFIN ?AGE i::::~ I' _ .l. ~ I - ....';/ -, I " ,~ ':-J .J", 11 September "0", _.--; '\ ~ 't!/ 1995 \ ,\j' -);\ \"" \~, ::'\' J '\ Carol M. Rosas City of po..ay Planning Services Dear Ms. Rosas, After talking with you last week my husband and I have discuscoct the Kinor D.v.loD.ellt aevie". KDRA. Jo. Xerold. owner:: Our op!,osition stems from the potential conversion of such a structure into a ~usiness or rental family unit. We have never seen Mr. Herold with an RV of any size, a boat. or any cars parked there except th< ones he and his visitors drive. One of the neighbor'S said that thiu wa~ to be a hobby shop. Mr. Herold is an automobile dealer. The exist.nce of ~n R Cdr garage immediately raises the specter of possible dealership usage of the structure for storage, perhaps maintenance or other business purposes in a strictly residential neighborhood. IIr. HeLo'j is also a participant in a contractor - carpentry business. which could bpn~fit from just such a structure. It is larger than most of the houses in rhe Fairgate community just below ours. Finally, such a building of ~.a76 square feet. could someday magically become a second residence or rental unit. especially with a shower and bathroom alre'~~ planned in the structure. Similar cases of businesses andlrental units have happened in Poway. 'While Mr. Herold's motives might be pure and all the aLoVe mere paranoia. the opportunity would be there tor such exploitation in the future by whomever ..as the property owner. We therefore urge the City to deny this application. Sincerely, ~:: .::on=,n41t 12655 Gate Drive Poway, Ca. 92064 679-0263 , , ATTACHMENT F I ITEM 4 .' 10 of 11 OCT 31 1995 , "-" - ell lI"I(~/fd~ , 14 September 1995 Carol M. Rosas City of Po way 13325 Civic Center Drive Poway, CA 92074-0789 Re: APN: 323-430-19 Dear Ms. Rosas: This letter is in response to II notice I received about Joe Herold's proposal to construct an 1,876 square foot eight car detached garage on his residential property at 13775 Paseo Bonita. I'm concerned that this is going to be used for something other than parking eight cars or a home workshop. I live right next door to Joe at 12620 Gate Drive. I moved to Los Lomas for peace and quiet. I'm worried that this 'garage' is going to house some sort of business. If the structure is built it will be much more difficult to control or abolish the business than ifit's not constructed at all. Los Lomas is a neighborhood not a business area. I sincerely hope that the structure will be turned down on the grounds that it does not belong in a residential neighborhood unless, of course, Joe has eight cars that he plans to park in the garage. Thank you. r2l~ enriques ' ATT ACHMENT G OCT 3 1 1995 ITEM 4 I II of 1\ 126M c1.t6 {}1'iH p,W"I, e.1;fw-~i" 9;!061 619. IM..uHIf'M' 619.1B6.29J6