Item 5 - EA VAR 93-16 Ken and Michelle Schreiner
AGENDA RLPORT SUMMARY
DATE:
Honorable Mayor and Members of the City Council
James L. Bowersox, City Ma~ "
Reba Wright-Quastler, Director of Planning Servlces(:>- ,<
October 26, 1993
,TO:
FROM:
INITIATED BY:
SUBJECT:
Environmental Assessment, Variance 93-16, Ken and Michelle Schreiner,
Applicants
ABSTRACT
A request to construct a 352 square foot room addition on the property located at 13370 Fallen
Leaf Road which is within the Rural Residential C (RR-C) zone. The application also includes a
request for a variance approval to allow the addition to encroach 9.4 feet into the required side
yard setback of 20 feet.
ENVIRONMENTAL REVIEW
_ The proposed project is categorically exempt under classes 3 and 5 of the CEQA guidelines.
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Public notice was published in the poway News Chieftain and mailed to 51 property owners in
the project area.
RECOMMENDA TION
It is recommended that the City Council approve Variance 93-16 subject to conditions contained
in the proposed resolution.
ACTION
I
1 OF 11
OCT 2 6 1993 iTEM .5 . I ,
CITY OF POWAY
AGENDA REPORT
INITIATED BY:
Honorable Mayor and Members of the City Council
James L. Bowersox, City Man~ &.
Reba Wright-Quastler, Director of Planning Services ~
TO:
FROM:
PROJECT
PLANNER:
Marijo Van Dyke, Associate Planner
Cindy Jackson, Planning Intern
DATE:
October 26, 1993
MANDATORY
ACTION DATE:
October 26, 1993
SUBJECT:
Environmental Assessment. Variance 93-16. Ken and Michelle
Schreiner. Applicants: A request to construct a 352 square foot
room addition on the property located at 13370 Fallen Leaf Road
which is within the Rural Residential C (RR-C) zone. The application
also includes a request for a variance approval to allow the addition
to encroach 9.4 feet into the required side yard setback of 20 feet.
APN: 275-282-15
BACKGROUND
The applicants are seeking approval to construct an addition on the property located at
13370 Fallen Leaf Road. They are also requesting a variance approval to allow the
proposed addition to observe a side yard setback of 10.6 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 residence was constructed on the subject lot in 1959. At that time, the garage was
sited approximately seven feet from the lot's northeastern side yard boundary. By today's
standards, the garage encroaches 13 feet into the required 20 foot side yard setback.
The subject lot, located on the bulb of the cul-de-sac, is trapezoidal in shape. The pad
is located in the southeast corner, on the highest section of the lot. The lower portion of
the lot is used as a leach field. The side yard boundaries are at an approximate 45
degree angle to the pad. The combination of the location of the leach field and the
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OCT 2 6 1993 ITEM 5 , I
Agenda Report
October 26, 1993
Page 2
unusual angle of the lot's boundaries, leaves very little additional space for the placement
of the proposed addition.
The proposed addition as designed, connects the house with the garage, and as such is
a logical extension of the design of the structure.
ENVIRONMENTAL REVIEW
The proposed project is categorically exempt under classes 3 and 5 of the CEQA
guidelines.
FISCAL IMPACT
None.
PUBLIC NOTIFICATION AND CORRESPONDENCE
Public notice was published in the Po way News Chieftain and mailed to 51 property
owners in the project area.
RECOMMENDATION
It is recommended that the City Council approve Variance 93-16 subject to conditions
contained in the proposed resolution.
JLB:RWQ:CAJ:is
Attachments:
A. Proposed Resolution
B. Zoning and Location Map
C. Proposed Site Plan
D. Proposed Floor Plan
E. Proposed Building Elevations
3 OF 11
OCT 2 6 1993 dEM 5
RESOLUTION NO. P-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 93-16
ASSESSOR'S PARCEL NUMBER 275-282-15
WHEREAS, Variance 93-16 submitted by Ken and Michelle Schreiner, applicants,
requests approval for construction of a 352.9 square foot addition to the residence located
at 13370 Fallen Leaf Road. The residence will observe side yard setbacks of only 10.6
feet when 20 foot setbacks are required in the RR-C zone; and
WHEREAS, on October 26, 1993, 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 93-16 is exempt from the provisions of the
California Environmental Quality Act, Categorical Exemption Class 5 and 3, as the
project is the construction of an addition to an existing dwelling (Class 3) and a
minor alteration to land use limitations (Class 5).
Section 2: Findinqs:
Variance 93-16
1. The proposed project is consistent with the General Plan in that it proposes
the construction 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 fact that the lot is substandard in
shape. This fact, in combination with the encumbrance of the leach field on
the lower portion of the lot, limits the applicant's ability to design an addition
which meets standard setback requirements.
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
4 OF 11
OCT 2 6 1993 ITEM 5
Resolution No.
Page 2
sought.
The variance will allow the applicant to construct a 352.9 square foot
addition which is in keeping with the size of other residences found in the
vicinity.
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.
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 many of the existing homes
do not observe the minimum side yard setback due to the fact the setback
and lot size requirements were increased significantly in 1983 when
Poway's General Plan and Zoning Development Code were adopted.
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 an addition to a residential unit in the Rural Residential - C
zone.
Section 3: City Council Decision:
The City Council hereby approves Variance 93-16 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 DEPARTMENT OF PLANNING 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.
5 OF 11
OCT261993 ITEM.5 'I
Resolution No.
Page 3
3. Water, sewer, and fire protection systems plans shall be designed and constructed
to meet requirements of City of Poway
4. low flow plumbing fixtures are required in all new construction.
5. Self-generation water softeners are prohibited in accordance with Chapter 13.04
of the Municipal Code.
6. This permit shall become null and void on October 26, 1995 if building permits
have not been issued.
APPLICANT SHAll CONTACT THE DEPARTMENT OF ENGINEERING SERVICES
REGARDING COMPLIANCE WITH THE FOllOWING CONDITIONS:
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-of-way or any
City-held easement.
APPLICANT SHAll CONTACT THE DEPARTMENT OF SAFETY SERVICES
REGARDING COMPLIANCE WITH THE FOllOWING CONDITIONS:
1. Roof covering shall be fire retardant as per USC Section 3203(e) and City of
poway Ordinance No. #64.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 26th day of October, 1993.
Don Higginson, Mayor
ATTEST:
Marjorie K. Wahlsten, City Clerk
6 OF 11
OCT261993 ITEM 5 II
Resolution No.
Page 4
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
1993, and that it was so adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Marjorie K. Wahlsten, City Clerk
City of poway
E:\CITY\PLANNINGIREPORT\VAR9316.RES
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VAR93-16
TITLE: Proposed Floor Plan
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ITEM : V AR93-16
Proposed Building
TITLE : Elevations
ATTACHMENT: E
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