Res P-03-26RESOLUTION NO. P-03-26
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 03-02
ASSESSOR'S PARCEL NUMBER 275-810-27
WHEREAS, Variance 03-02, submitted by Ronald and Patricia Nash, Applicant,
requests approval of a Variance to allow a 560-square-foot, attached garage addition to
observe a 5-foot side yard setback where a 10-foot setback is required. The subject
property is located at 12635 Footman Lane in the Single-Family Residential-4 (RS-4)
zone; and
WHEREAS, on May 20, 2003, the City Council held a duly advertised public
hearing to solicit ls from the public, both pro and con, relative to this
application.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: The City Council finds that the Variance 03-02 request is Categorically
Exempt from the provisions of the California Environmental Quality Act, pursuant to
Section 15305, Class 5, in that the project consists of a minor alteration to the side yard
setback and does not create a new parcel.
Section 2: The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code, to approve Variance 03-02 to allow a 5-foot side yard setback rather than
the required 10-foot setback for a 560-square-foot attached garage addition to an
existing single-family residence located at 12635 Footman Lane in the Single-Family
Residential-4 (RS-4) zone, as shown on the site plan dated April 3, 2003, are made as
follows:
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 with the identical zoning
classification. The special circumstances include the fact that previous street
access to the subject lot was reconfigured when the surrounding subdivision was
created. As a result, the location of the existing garage shifted from the front to
the rear of the house, and the new driveway alignment u ~)ly reduces the
use of the back yard. An alternate developable area in the rear of the lot that
would be conducive to a garage near the driveway is very limited due to the
location of existing structures. Placement of the garage in the front would impact
use of existing bedrooms; and,
Granting the Variance is necessary for the preservation and enjoyment of a
substantial property right enjoyed by other property owners in the same vicinity
and not afforded to the property for which the Variance is sought because the
Resolution No. P-03-26
Page 2
alignment of the driveway to the existing garage greatly reduces the usable area
of the rear yard extending from the living room; and,
Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that the proposed garage addition will be built
within an area that is screened from adjacent property; and,
That the granting of this Variance does not constitute a special privilege that is
·Ient with the limitation upon other properties in the vicinity and zone in
that attached garages exist alongside the front of homes on other lots in the
Single-Family Residential 4 (RS-4) zone in the vicinity; and,
Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the RS-4 zone because single-family homes are a permitted use
and this is an addition to a single-family home; and
That the proposed Variance will be compatible with the City's General Plan
because the use is permitted and does not result in a density '
Section 3: The City Council hereby approves Variance 03-02, to allow a 560-square-
foot, attached garage addition to an existing single-family residence located at 12635
Footman Lane in the Single-Family Residential-4 (RS-4) zone to observe a 5-foot side
yard setback where a 10-foot setback is required, (as reflected on plans dated April 3,
2003), subject to the following conditions:
Approval of this Variance request shall apply only to the subject project and 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 '
Within 30 days of approval the applicant shall submit in writing that all conditions
of approval have been read and understood.
The Variance granted by this approval shall not be conducted in such a manner
as to interfere with the reasonable use and enjoyment of surrounding residential
uses.
The applicant shall comply with the Uniform Building Code and shall obtain a
Building Permit consistent with the approved Variance plans dated April 3, 2003,
and conditions of approval contained within this Resolution prior to construction.
E. Prior to issuance of a Building Permit, the applicant shall:
Depict the exterior building materials for the garage expansion and roof
consistent in color, type, and texture with the exterior material on the
Resolution No. P-03-26
Page 3
existing residence, to the satisfaction of the Director of Development
Services.
Submit revised site plans, floor plans, and elevations, that move the
proposed garage a ' ' of three feet to the south or north to provide
architectural relief of the structure as seen from the street to the
satisfaction of the Director of Development Services.
Prior to occupancy, the following shall be completed to the satisfaction of the
Safety Services Department:
Roof covering shall be fire retardant as per UBC Section 1503 and 1504,
UBC Standard 15-2 and City of Poway Ordinance No. 64 and its amended
Ordinance No. 526.
Approved numbers or addresses measuring 4 to 6 inches in height shall
be placed at the private driveway entrance, and will be plainly visible and
legible from the street fronting the property. Said numbers shall contrast
with their background.
Section 4: The approval of Variance 03-02 shall expire on May 20, 2005, unless the
applicant and/or property owner applies for and obtains approval of a Minor
Development Review.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 20th day of May 2003.
ATTEST:
L~or An~nne P~eoples, Ci~~Cl~rk~
Michael P. C~
Resolution No. p-03-26
Page 4
STATE OF CALIFORNIA )
)ss.
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P-03-26 duly adopted by the
City Council at a meeting of said City Council held on the 20th day of May 2003, and
that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
L~o An~ne P~eoples~~
City of Poway