Res P-89-01 A
OF TH
A P OVING VARI NCE
ASSESSO I PARCEL NU BER
OF TH CIT' CO NCIL
ITY OF POW Y,
8-0
14- 13-41
WHEREAS, Variance 88-09, submitted by Yefim and Galina Rovner, applicants,
requests a two foot two inch reduction of the required 25 foot front yard set-
back in the RS-3 zone to allow the of a two car garage for the
existing at 13923 York Avenue, in the RS-3 { Single-Family
3) zone; and
WHEREAS, on January 3, 1989, the City Council held a duly public
hearing to solicit comments from the public, both pro and con, relative to this
application.
N OW,
the City of Poway does hereby resolve as follows:
Section 1: E tal Findi ;:
The project is exempt from E Review. It qualifies for a Class 5
categorical because the variance is a minor to land use
1
Section 2: Findinc
There are special applicable to the property (size,
shape, topography, location, or surroundings), or the intended use of
the property, and because of this, the strict application of the Zoning
Ordinance deprives the property of privileges enjoyed by other proper-
ties in the vicinity under zoning
The subject lot is narrow which eliminates any addition on the side
yard. This together with the location and design of the
existing limits the siting of the garage.
Granting the variance or its modification is for the preser-
vation and of a substantial property right possessed by other
property in the same vicinity and zone and denied to the property for
which the variance is sought.
Granting of the variance will allow the applicant to a two
car garage in a logically situated area given the location and design
of the existing ~ on the lot.
o
Granting the variance or its modification will not be materially detri-
mental to the public health, safety or welfare, or to the
property or in such vicinity and zone in which the pro-
perty is located.
No. P-89-01
Page 2
The proposed garage will provide enclosed parking for the applicant's
vehicles which are arked in the driveway, resulting in a
visual benefit for surroun in The will not
result in any d 1 mp ct to the public health, safety, or
welfare and will not be to other in the vicinity.
The granting of this variance does not a special privilege
with the limitations upon other properties in the vicinity
and zone in which such property is situated.
All single-family residences are required to have a two car garage.
The other properties in the area currently have garages. The applicant
is requesting the variance to allow them to have the enclosed parking
that § properties already possess.
The granting of this variance does not allow a use or activity which is
not otherwise expressly authorized by the zoning regulation governing
the parcel of property.
The proposed of the two car garage will allow the property
to meet the off-street parking requirement for single family homes in
the RS-3 zone.
The granting of the variance or its modification will not be incom-
patible with the City of Poway General Plan.
The §ranting of the variance will allow the
rial garage to be used for parking purposes which is
the General Plan.
of a residen-
with
Section 3: City Council ' '
The City Council hereby finds that Variance 88-09 is approved 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.
All of the building permits shall be obtained for the garage
prior to issuance of building permits for the new
If the garage is designed as front entry and a new driveway approach is
~, the following conditions shall be met:
ao
The existing asphalt driveway shall be removed so that no more
than 50 percent of the front yard setback is covered by driveway
or other concrete or asphalt concrete areas.
No. P- 89-01
Page 3
All new driveway construction shall be in accordance with Section
17.08.180.P of the Poway Code.
A right-of-way permit shall be obtained from the City's Public
Services Department for any work to be done within the public
treet right-of-way. Said w rk shall include, but is not to be
imited to, of riveway approach, sewer lateral
nstallation, water service ine installation, street
including concrete curb, gu ter, and sidewalk). Permit shall be
obtained prior to start of work.
The finishes and roofline of the garage shall be architec-
turally compatible with the existing home.
Approval of this variance request shall not waive with all
other sections of the Zoning Development Code and all other applicable
City ordinances in effect at the time of building permit '
The applicant shall comply ith the latest adopted Uniform Building
Code, Uniform Mechanical Co e, Uniform Plumbing Code, National Electric
Code, Uniform Fire Code, an all other applicable code and ordinances
in effect at the time of bu lding permit '
7. This pproval shall become ull and void on January 3, 1990 if building
p rmi s have not been issue , unless a time is granted by the
C ty .ouncil. Application or a time must be received in the
P ann ng Services Departmen no later than 90 days prior to the expira-
t on date of this permit.
APPROVED and ADOPTED by the City Coung/~l ~f the City of Poway, State of
California, this 3rd day of January, 198~~~
ATTEST:
No. P- 89-01
Page 4
STATE OF )
) 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 No. P-89-01, was
duly adopted by the City Council at a meeting of said City Counci the
2rd day of Janua , 1989, and that it was so adopted by the following
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
BRANNON, EMERY, GOLDSMITH, HIGGINSON, KRUSE
NONE
NONE
NONE
R-1-3.1-4
City of P~way